[WEBINAR] Labor & Employment Law: What Changed in 2017
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be....more
Some employers may designate employees for on-call status, requiring them to be available to respond to after-hours service needs or emergencies. A recent Tenth Circuit Court of Appeals decision, which applies to employers in...more
In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more
I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of criteria. As explained in the federal regulations (29 CFR 785.17) “an...more
Hospitality industry employers know that scheduling the right number of workers on any given day – or shift – is a challenge. In addition to unpredictable customer patterns, the ongoing COVID-19 pandemic, labor shortages, and...more
For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more
Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more
The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more
When New York passed the Marijuana Regulation and Taxation Act (MRTA) in March 2021, the state’s employers were immediately prohibited from discriminating against workers based on the legal use or possession of marijuana...more
The government of Ontario has introduced legislation that they proclaim will “make the province the best place for people to work, live and raise a family.” The legislation, Bill 27 - the Working for Workers Act, 2021 (“Bill...more
On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more
The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. ...more
Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...more
We have had a number of recent questions from clients regarding when employees must be paid if they are on standby or on-call duty. Typically, this means that the employee must leave a number where they can be reached and, if...more
In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more
In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of...more
In a continuing trend, employers are abandoning on-call scheduling as states and cities continue to pass predictive scheduling laws....more
If your workforce includes private security officers, then new Assembly Bill 1512 should come as great news to you. Back in 2016, the California Supreme Court issued a controversial decision called Augustus v. ABM Security...more
When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more
Q: If I have employees out of work either due to FMLA, or maybe even if they are on furlough due to a business downturn, can I still require that they be on call or respond to emails? A: This depends on the individual...more
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more
Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote...more
On February 5, 2020, the 2020 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 6, 2020. Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more
The Dutch Balanced Labour Market Act (Wet arbeidsmarkt in balans (Wab)) brought about drastic changes to the rules regarding on-call workers as of January 1, 2020. These changes are intended to provide on-call workers with...more