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New Pay Transparency Laws in California and New York City Impose Disclosure Obligations for Any Position That Can Be Performed in...

California and New York City are joining Colorado and Washington state in imposing pay range disclosures in job postings. On November 1, 2022, covered employers will be required to include the salary range in a job posting...more

Santa Clara County Requires Employers to Ascertain Employees' Vaccination Status and Imposes Other Requirements to Prepare for...

On May 18, 2021, Santa Clara County's Public Health Department issued a new order focused on safety measures designed to reduce the spread of COVID-19. The order became effective May 19, 2021, when the county entered the...more

Employers Should Be Mindful of New Employment Law Risks Created by COVID-19

The COVID-19 pandemic has quickly led to stay-at-home directives, enhanced health and safety requirements, and new legislation. These developments changed the working environment and the rules governing the employment...more

New York Expands Paid Sick Leave in Light of COVID-19

New York Governor Cuomo and the New York State legislature have reached agreement on a bill to expand New York's Paid Sick Leave Law to provide job protection and pay for New Yorkers quarantined as a result of the Novel...more

California Supreme Court Rejects Employer Argument that It Need Not Pay for De Minimis Amounts of Time Worked by Employees

Once again, California's Supreme Court has underscored that California employment law can differ from federal law in significant, and typically more employee friendly, ways. In Douglas Troester v. Starbucks Corporation,1 a...more

California Supreme Court Makes Classifying Workers as Independent Contractors More Difficult

California's Supreme Court has issued a decision making it harder for companies to classify California workers as independent contractors. In Dynamex Operations West, Inc. v. Superior Court, the court adopted a broad...more

Federal Appeals Court Rejects Employer's Reliance on Employee's Salary History in Attempt to Defeat Equal Pay Claim

In a decision receiving nationwide media coverage, the U.S. Court of Appeals for the Ninth Circuit has held that an employer cannot defeat a federal Equal Pay Act claim by relying on an employee's prior salary, whether alone...more

U.S. Department of Labor Adopts New Test to Determine if Interns Are Really Employees

As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more

New York City Employers Soon Will Be Prohibited from Inquiring About or Relying on Job Applicants' Salary Histories

On May 4, 2017, New York City Mayor Bill de Blasio signed into law a bill that makes it an "unlawful discriminatory practice" for New York City employers to inquire about a job applicant's salary history, or to rely upon...more

Federal Court Blocks Implementation of New DOL Exemption Rules

At the proverbial eleventh hour, a federal court has blocked the implementation of the U.S. Department of Labor's (DOL's) new overtime exemption rules that were scheduled to go into effect on December 1, 2016. As detailed in...more

Despite Uncertainty, New DOL Exemption Rules to Take Effect on December 1, 2016; California Sets New Rates for Computer Software...

Although the U.S. Department of Labor's (DOL's) new overtime rules are scheduled to go into effect on December 1, 2016, the results of the U.S. presidential election and a pending federal court case are causing some...more

New Massachusetts Pay Equity Act Calls for Employers to Examine Compensation and Hiring Practices

In a step that should immediately spur employers to review their compensation and hiring practices, Massachusetts recently enacted legislation that changes considerably the state's rules prohibiting gender-based pay...more

U.S. Department of Labor Issues New Salary Threshold for Exempt Employees

The U.S. Department of Labor (DOL) has significantly altered Fair Labor Standards Act (FLSA) regulations, requiring all employers to carefully review their classifications of employees as exempt or nonexempt from the FLSA's...more

California Court Rejects Alleged Joint Employers' "It Wasn't Me" Defense to Worker Misclassification Claims

Notwithstanding—and perhaps because of—the emergence of the so-called "sharing economy" and its proliferation of disruptive new business models, as well as calls to re-examine the traditional and familiar employee versus...more

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