News & Analysis as of

Wage and Hour Employer Liability Issues

Vacation Float: Managing (and Recouping) Unearned Vacation Time

Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s...more

Washington Enacts Paid Family And Medical Leave Law

by Jackson Lewis P.C. on

All Washington employers must provide paid family and medical leave under a bill signed by Governor Jay Inslee on July 5, 2017. The new law creates an insurance fund that employers and employees both pay into, with a 0.4...more

Predictive Scheduling and the Fight for a “Fair Workweek”: What Employers Need to Know

by Akerman LLP - HR Defense on

Retailers and fast food companies in particular should be aware of the growing push for “fair workweek” legislation at the city, state, and federal levels. In just the past few years, over a dozen states and cities have...more

Worker Classification Update

by Clark Hill PLC on

On July 20, 2017, the Internal Revenue Service ("IRS") issued a reminder for small businesses on the importance of correctly classifying workers as employees or independent contractors. Employers failing to do this correctly...more

Certification Of Alleged Misclassified Bakery Distributors Denied Due To Predominance Of Individualized Issues

by Jackson Lewis P.C. on

Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the...more

Five Workforce Management Challenges in Unprecedented Times - Take 5 Newsletter - July 2017

by Epstein Becker & Green on

Employers across all industries are deep in the midst of exciting but unchartered and fluid times. Rapid and unforeseen technological advancements are largely responsible for this dynamic. And while there is a natural...more

San Francisco Adopts The “Parity In Pay” Ordinance – No More Inquiries About Or Disclosures Of Prior Salary

by Weintraub Tobin on

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance. Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census...more

Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

What Family Businesses Should Know about Washington’s New Paid Family Medical Leave Law

by Davis Wright Tremaine LLP on

On July 5, 2017, Washington State joined a handful of states mandating paid family and medical leave. The new leave program, to be funded by employer and employee premiums, will provide up to 18 weeks of paid leave to...more

California Supreme Court Expands Scope of PAGA Discovery

by Reed Smith on

On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to allow state-wide discovery of Marshalls...more

Where Do Fitness Instructors "Fit" In The Current Worker Classification System?

by Fox Rothschild LLP on

They say location is everything in business. How about classification of workers? In certain industries, workers have a unique combination of specified skills and relative freedom to do their job. ...more

Landing a New Gig: Lessons for the “On Demand” Economy

In the past few years, the American workforce has shifted dramatically. By some estimates, as many as 53 million Americans are now self-employed. Many of them work in the “gig” or “on demand” economy, which has emerged as the...more

San Francisco Employers Face New Gender Equality Laws

by Fisher Phillips on

The San Francisco Board of Supervisors has just added two new employment ordinances to the burgeoning list of employment-related ordinances in the City by the Bay. First, the Parity in Pay Ordinance prohibits employers from...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

San Francisco Becomes Latest to Ban Salary History Inquiries

by Fisher Phillips on

Joining a growing list of state and local governments, San Francisco Mayor Ed Lee today signed an ordinance which will ban employers from asking job applicants about their salary histories.  The new ordinance will go into...more

Final New York Paid Family Leave Regulations Released: What Employers Need To Know

by Jackson Lewis P.C. on

The Workers’ Compensation Board adopted the final regulations for New York’s new Paid Family Leave Benefits Law (PFL) on July 19, 2017. Final Regulations were issued previously by the Department of Financial Services on May...more

Another San Francisco Treat: Mayor Lee Signs Salary History Ban

by Littler on

On July 19, 2017, Mayor Ed Lee signed an ordinance that will significantly affect the hiring practices of San Francisco employers. When Ordinance No. 170350 becomes operative on July 1, 2018, it will be illegal for employers...more

Update: NYC Adopts New Rules Implementing Freelance Law

Earlier this year, we reported that New York City adopted The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”). As explained in our prior blog, under the...more

NYC Consumer Affairs Department Adopts Final Rules on Freelance Isn’t Free Act

by Morgan Lewis on

Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules....more

Big Changes For Large Employers: Oregon Legislature Passes Fair Work Week Act

by Tonkon Torp LLP on

Recently, the Oregon legislature passed Senate Bill 828, known as the Fair Work Week Act, which will dramatically change how covered employers schedule workers. Governor Brown is expected to sign the law soon. ...more

San Francisco Passes Pay Parity Ordinance Affecting Employee Onboarding

by Arnall Golden Gregory LLP on

San Francisco’s Board of Supervisor’s passed a pay equity ordinance on July 11, 2017 which is now awaiting the Mayor’s signature. The “Parity in Pay” ordinance will become operative July 1, 2018. The ordinance will ban...more

Ready, Set, Go! New York Adopts Final Paid Family Leave Regulations

The New York Workers’ Compensation Board published its final regulations implementing the New York Paid Family Leave Law yesterday, Wednesday, July 19, 2017. The final regulations largely mirror the proposed regulations...more

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

by Fox Rothschild LLP on

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1...more

Rules Interpreting Freelance Isn’t Free Act Impose Additional Obligations on Businesses Working With NYC Freelancers

by Davis Wright Tremaine LLP on

On May 1, 2017, the New York City Department of Consumer Affairs (the “DCA”) promulgated rules which purport to “clarify” the Freelance Isn’t Free Act (the “Act”). Those rules impose more extensive limitations on businesses...more

Episode 17: Predictable Schedules And Comp Time – The Next Wage & Hour Frontiers?

by Akerman LLP on

Matt welcomes colleagues Ray Berti and Becky Barrett to discuss the sudden proliferation of “Fair Workweek” laws, which are designed to ensure that workers have predictable schedules and paychecks, and “comp time” -- the...more

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