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On-Call Employees Corporate Counsel

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

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

Manatt, Phelps & Phillips, LLP

The 5 Biggest Employment Law Developments of 2019

What were the five biggest employment law developments in 2019? From new laws to big decisions, we tracked down some of the top headlines of the last year....more

Jackson Lewis P.C.

New York Labor Department No Longer Pursuing Call-In Pay Regulations

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The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers....more

Farella Braun + Martel LLP

California Court Finds Shift Call-Ins May Trigger Reporting Time Pay

A California court has held that employees required to call their employers before a shift to determine whether they are assigned to work may be entitled to reporting time pay on days when they are not actually put to work....more

Seyfarth Shaw LLP

Is “Calling It In” Really “Reporting For Work”?

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Seyfarth Synopsis: Traditionally, “report for work” has meant physically showing up at the jobsite, ready to work. ...more

Fisher Phillips

California Court Ushers In Sweeping Changes For Scheduling Policies

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A California Court of Appeal just announced a sweeping change in California’s reporting time pay rules which now prohibits a common scheduling practice used by employers throughout the state (Ward v. Tilly’s, Inc.). Tuesday’s...more

Fisher Phillips

New York Once Again Takes Aim At Employee Scheduling Practices

Fisher Phillips on

The New York State Department of Labor recently issued proposed regulations seeking to curb on-call scheduling, “call-in” shifts, and last-minute shift changes. The proposed regulations endeavor to provide employees with more...more

Bond Schoeneck & King PLLC

New York Proposes New “Call-In” Pay and Scheduling Requirements

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently-proposed state Regulations. Governor Andrew Cuomo recently announced these proposed Regulations, which the New York State...more

Jackson Lewis P.C.

Oregon Becomes First State In Nation To Enact Scheduling Legislation

Jackson Lewis P.C. on

Oregon has become the first U.S. state to regulate employer scheduling practices in the food service, hospitality, and retail industries. The new law, S.B. 828, will take effect July 1, 2018. Signed by Governor Kate Brown...more

Jackson Lewis P.C.

Mayor Signs Major Workplace Reforms For Fast Food & Retail Workers

Jackson Lewis P.C. on

Mayor Bill de Blasio signed the New York City Council’s five-bill Fair Work Week legislative package, intended to reform scheduling and workplace practices for fast food and retail workers in New York City. On May 30,...more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Troutman Pepper on

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Seyfarth Shaw LLP

Ninth Circuit Poised to Say “Call Me, Maybe”

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

Seyfarth Shaw LLP

The $90 Million Question: Can You Rest While On Call?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Does carrying a pager nullify a rest break? What about the possibility of being tapped on the shoulder by your boss? Or being called on your cell phone? The California Supreme Court considered these and...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Qui Tam Attack on Standard On-Call Contract

On June 10 the Third Circuit affirmed a lower court’s dismissal of a physician’s qui tam action against Pottstown Memorial Medical Center (PMMC) for violating the Anti-Kickback Statute (AKS) and False Claims Act (FCA). And...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Attorneys General From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers

As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he...more

Orrick - Employment Law and Litigation

Employers Finally Get a Break—Court Reverses $90 Million Verdict and Holds That Employers Are Not Required to Relieve Employees of...

On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods mandated by California state...more

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