News & Analysis as of

Off-Duty Employees Employer Liability Issues Wage and Hour

Manatt, Phelps & Phillips, LLP

California Considers “Right to Disconnect”

Taking a page from countries across the Atlantic, the California legislature is considering a bill that would give employees the “right to disconnect.” ...more

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Akerman LLP - HR Defense

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

Akerman LLP - HR Defense on

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently...more

Coblentz Patch Duffy & Bass

2023 Mid-Year Labor and Employment Update

We are halfway through 2023 so it is a good time to look back on this year’s employment law developments so far and look forward to what lies ahead. What follows is a short overview of the legal changes that we are monitoring...more

FordHarrison

New California Employment Laws for 2023

FordHarrison on

Executive Summary: California has passed a number of employment laws this year, including a requirement for employers to disclose pay scale information in any job advertisements; expansion of employees’ leave care rights;...more

Jackson Lewis P.C.

California Enacts Law Prohibiting Employment Discrimination Based On Off-Duty Marijuana Use, Effective 2024

Jackson Lewis P.C. on

Governor Gavin Newsome signed into law September 19, 2022 several measures relating to marijuana, including one that prohibits employment discrimination based on off-duty use of marijuana. The law takes effect on January 1,...more

Shook, Hardy & Bacon L.L.P.

Focus On The Right To Disconnect And The Ontario Working For Workers Act

The pandemic has changed the landscape of an employee’s work life in its entirety. Employees were uprooted from their normal routines and required to work from their homes. The result? Growing concerns regarding burnout and a...more

ArentFox Schiff

California Emphasizes Employees Must Be Free To Leave During Meal Periods

ArentFox Schiff on

Under California law, employers generally must provide employees working more than five hours in a day with a meal period. These meal periods must be at least 30 minutes, duty-free, and uninterrupted. In addition, for a long...more

Bennett Jones LLP

The Right To Disconnect in Federally-Regulated Workplaces

Bennett Jones LLP on

The "right to disconnect" refers to an employee's ability to not engage in work-related communications (emails, texts, telephone calls, video calls, etc.) while off duty....more

Fox Rothschild LLP

These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!

Fox Rothschild LLP on

Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time” under the FLSA. This is the...more

Cozen O'Connor

Injuries At Voluntary Charitable Events: Recordable Under OSHA?

Cozen O'Connor on

It is that time of year again where many businesses provide their employees with the opportunity to participate in various charitable events in the spirit of giving. Doing so may raise a number of employment-related issues...more

Constangy, Brooks, Smith & Prophete, LLP

Predicaments Of Protest: Which Expressions Are Protected, And Which Are Not?

This year has come in like a lion and -- with the pandemic continuing, protesters still marching, and a presidential election looming -- it will not go out like a lamb. Issues ranging from systemic racism to wearing masks...more

Jackson Lewis P.C.

Unplug: Will Employees Soon Have The “Right to Disconnect?”

Jackson Lewis P.C. on

If a proposed law is enacted by the New York City Council, employers would be prohibited from requiring employees to check and respond to email or other electronic communications during non-work hours. The bill allows for...more

Orrick - Employment Law and Litigation

Pulling the Plug: New York City Bill Would Give Workers the “Right to Disconnect”

It is now the norm to see passersby glued to their phones as they make their morning trek into work. And when those employees head home, they are often unable to “leave work at the office” as they continue to respond to...more

Seyfarth Shaw LLP

The Road To FLSA Litigation Is Often Paved With Good Intentions

Seyfarth Shaw LLP on

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Amundsen Davis LLC

Court Lays Out Guidance For Ensuring Hourly Workers Are Paid For Off-Duty Work

Amundsen Davis LLC on

Addressing an employment issue of interest in an increasingly digital world, the Seventh Circuit Court of Appeals (which has jurisdiction over lower federal courts in Illinois, Indiana, and Wisconsin­­) recently upheld a...more

McAfee & Taft

Seventh Circuit case demonstrates value of good time reporting procedures

McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

FordHarrison

Can You Fire an Employee Involved in Racist Protests? Should You?

FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

Fisher Phillips

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

Fisher Phillips on

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

Jackson Lewis P.C.

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

Jackson Lewis P.C. on

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Blank Rome LLP

California Employers May Not Control How Employees Spend Their Break Time or Require On-Call Rest Periods

Blank Rome LLP on

Action Item: California employers are urged to review their rest period policies and practices, and consider changes that will ensure they relinquish control over how employees spend their break time and relieve their...more

Nossaman LLP

California Supreme Court: California Prohibits On-Duty And On-Call Rest Periods

Nossaman LLP on

Augustus v. ABM Security Services, Inc. On December 22, 2016, the California Supreme Court in Augustus v. ABM Security Services, Inc., ruled that California law prohibits on-duty and on-call rest periods. You may...more

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