Elizabeth Lewis

Elizabeth Lewis

Cooley LLP

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Alert: Amendments to California's Paid Sick Leave Law Provide Some Clarifications for Employers

As we previously reported here and here, under California's Healthy Families, Healthy Workplaces Act, effective July 1, 2015, employees who work 30 days or more a year in California are entitled to at least 3 days (or 24...more

8/27/2015 - Amended Legislation Healthy Families Act Healthy Workplace Act Paid Sick Leave Act PTO Sick Leave Sick Pay

Blog: Executive Order Requiring Paid Sick Leave Is On The Horizon

President Obama is said to have drafted an Executive Order, obtained by the New York Times, which would require federal contractors and subcontractors to provide their employees with a minimum of 56 hours (about 7 days) of...more

8/10/2015 - Barack Obama Executive Orders Federal Contractors Paid Sick Leave Act Sick Leave Subcontractors

Alert: New DOL Guidance on Classification of Workers as Employees or Independent Contractors

On July 15, 2015, the Wage and Hour Division of the Department of Labor (the "DOL") issued a fifteen-page "Administrator's Interpretation" (the "Interpretation") on the appropriate classification of workers as employees and...more

7/23/2015 - DOL FLSA Independent Contractors IRS Misclassification Wage and Hour

Alert: Hiring Unpaid Interns: Federal Court Changes (Some of) the Rules

On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more

7/17/2015 - Black Swan Orders FLSA Fox Searchlight Pictures Hiring & Firing Internships Minimum Wage Primary Beneficiary Test Students Unpaid Interns Wage and Hour

Alert: Department of Labor Announces Proposed Rule to Increase Salary Thresholds for White Collar Overtime Exemptions

On June 30, 2015, the United States Department of Labor ("DOL") proposed a rule to revise the "white collar" overtime exemptions under federal law. The federal Fair Labor Standards Act ("FLSA") generally requires that...more

7/11/2015 - DOL Exempt-Employees FLSA Over-Time Wage and Hour White-Collar Exemptions

Blog: OFCCP Revises the VEVRAA Hiring Benchmark

The Office of Federal Contract Compliance Programs (the “OFCCP”) recently reduced the VEVRAA hiring benchmark for protected veterans from 7.2% to 7.0%. The hiring benchmark is intended to reflect the percentage of veterans in...more

4/30/2015 - Benchmarks Federal Contractors OFCCP Veterans VEVRAA

Alert: Employer Notice Obligations Under California's New Paid Sick Leave Law

As we previously reported, the California Legislature passed the Healthy Workplaces, Healthy Families Act of 2014, which requires that companies provide their employees working 30 or more days a year in California with at...more

4/28/2015 - Employer Mandates Healthy Workplace Act Notice Requirements Sick Leave Wage Theft Prevention Act

Blog: OFCCP Provides List of Resources for Contractors Relating to LGBT Workers

The Office of Federal Contract Compliance Programs (“OFCCP”) recently published a list of resources to assist federal contractors in better understanding how to create an inclusive workplace for lesbian, gay, bisexual, or...more

2/16/2015 - Discrimination DOJ Federal Contractors Gender Discrimination Gender Identity OFCCP Sexual Orientation Discrimination Title VII

Blog: OFCCP Proposes New Sex Discrimination Guidelines for Contractors and Subcontractors

On January 28, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) announced proposed changes to its sex discrimination guidelines (“Guidelines”). The current Guidelines set forth the interpretations and...more

1/31/2015 - Affirmative Action Discrimination Equal Pay Executive Orders Federal Contractors Gender Discrimination OFCCP Parental Leave Pregnancy Discrimination Sex Discrimination

Blog: OFCCP Publishes New FAQs on the Collection of Self-Identification Information for Protected Veterans

On January 20, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) published two Frequently Asked Questions (“FAQs”) addressing what self-identification information contractors are required to solicit from...more

1/22/2015 - Contractors Federal Contractors OFCCP Veterans

Alert: 2015 Minimum Compensation Rates

Employers should review compensation rates for both exempt and nonexempt employees, to ensure compliance with current legal thresholds. Set forth below are rates at the federal level, and for the states and localities that...more

12/31/2014 - Employer Mandates Minimum Wage Wages

Alert: U.S. Supreme Court Unanimously Rules That Security Screening Time is Not Compensable Under FLSA

The U.S. Supreme Court recently ruled that an employer was not required to pay its non-exempt employees for time spent waiting to go through security screenings at the end of the workday. In Integrity Staffing Solutions, Inc....more

12/17/2014 - Amazon FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Blog: OFCCP Opens LGBT Final Rules to Notice and Comment in Response to Pressure from Lawmakers

The Office of Federal Contract Compliance Programs (“OFCCP”) decided to seek public comment on its Final Rule for LGBT workers after being pressured by two Republic Congressmen over its rulemaking process. OFCCP had initially...more

12/15/2014 - Barack Obama Executive Orders Federal Contractors Gender Discrimination LGBT OFCCP Public Comment Rulemaking Process Sexual Orientation Discrimination Subcontractors

Alert: OFCCP Sends New Round of Potential Audit Letters

The Office of Federal Contract Compliance Programs ("OFCCP") recently sent Corporate Scheduling Announcement Letters ("CSALs") to 2,500 federal contractor establishments warning of possible audits. OFCCP sends CSALs to...more

11/19/2014 - Contractor Audits Federal Contractors OFCCP Scheduling Letters

Blog: OFCCP Releases New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (“OFCCP”) sought approval for a new Scheduling Letter and Itemized Listing, OFCCP published a notice in the Federal Register on September 30, 2014...more

10/3/2014 - Federal Contractors OFCCP OMB Scheduling Letters

Alert: California New Mandatory Paid Sick Leave Law Effective July 2015

Unlike several other California leave laws, there is no exemption for small employers. The new law applies to employees (exempt and non-exempt) who work in California 30 days or more in a year. This includes temporary,...more

10/2/2014 - Employee Rights New Legislation Paid Leave Sick Leave

OFCCP Releases Proposed Rule Prohibiting Adverse Action Against Employees and Applicants Discussing Pay

On September 15, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released its Notice of Proposed Rulemaking (“Proposed Rule”) implementing President Obama’s Executive Order 13665 (“EO 13665”) banning...more

9/17/2014 - Adverse Employment Action Discrimination Executive Orders Federal Contractors OFCCP

San Francisco's "Ban the Box" Ordinance Limits Criminal Checks by Private Employers

The Ordinance covers applicants and employees who would be or are performing work, in whole or in substantial part, in the city and county of San Francisco (including temporary, seasonal and part-time work, as well as work...more

8/14/2014 - Ban the Box Criminal Background Checks Job Applicants

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

8/13/2014 - Employee Rights Minimum Wage Over-Time Sales Commissions Unpaid Overtime Wage and Hour Wages

OFCCP Releases Proposal Requiring Contractors to Disclose Compensation Data Annually

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released a Notice of Proposed Rulemaking requiring federal contractors and subcontractors with 100 or more employees to submit an annual equal...more

8/11/2014 - Audits Barack Obama EEO-1 Equal Pay Fair Pay and Safe Workplaces Federal Contractors OFCCP Proposed Regulation Reporting Requirements Rulemaking Process Subcontractors

Executive Order May Block Contractors with Labor Violations from Receiving Federal Contracts

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Executive Order”) that requires contractors to (1) disclose recent violations of various workplace laws before being awarded federal...more

8/4/2014 - ADA ADEA Arbitration Agreements Barack Obama Corporate Counsel Davis-Bacon Act DOL Executive Orders Fair Pay and Safe Workplaces Federal Contractors FLSA FMLA Independent Contractors NLRA Notice Requirements OSHA Rehabilitation Act Service Contract Act Subcontractors Title VII Wage and Hour

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

7/30/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Hiring & Firing Iskanian PAGA Trucking Industry

OFCCP Announces Timeline for Issuing Proposed Rules on President Obama’s Compensation Agenda

The Office of Federal Contract Compliance Programs (“OFCCP”) plans to issue proposed rules implementing President Obama’s recent executive actions on the compensation practices of federal contractors. ...more

6/3/2014 - Contractors Discrimination Equal Pay Executive Orders Federal Contractors OFCCP Retaliation Sex Discrimination

President Obama Takes Executive Action Reinforcing the Regulatory Agenda on Investigating Federal Contractors’ Compensation...

In recognition of National Pay Equity Day, President Obama took two executive actions on April 8, 2014 to continue his pay equity agenda: (1) President Obama signed Executive Order on Non-Retaliation for Disclosure of...more

4/10/2014 - Anti-Discrimination Policies Barack Obama DOL Equal Pay Executive Orders Federal Contractors Minimum Wage NLRA NPRM OFCCP Subcontractors

OFCCP’s Final Rules for Veterans and Disabled Become Effective

On March 24, 2014, the Office of Federal Contract Compliance Programs’ (“OFCCP’s”) final rules for individuals with disabilities under Section 503 of the Rehabilitation Act and for veterans under the Vietnam Era Veterans’...more

3/26/2014 - Affirmative Action OFCCP Vietnam Era Veterans’ Readjustment Assistance Act

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