News & Analysis as of

Procurement Pulse - November 2015

Further debate on the living wage this month, as the Scottish Government issues guidance on evaluating fair working conditions that relate to the subject matter of a procurement. Useful direction from the courts on how to...more

New York Labor Law Wage Deduction Amendments Extended Through 2018

On the eve of November 6, 2015 expiration date, New York Governor Andrew Cuomo signed legislation earlier this week (Assembly Bill A07594/S05623) extending the effective date for the expanded list of permissible wage...more

New York’s Wage Deduction Law in Effect for Three More Years

On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from...more

California’s New Equal Pay Laws Promise to Bring More Litigation

Equal pay claims just got a lot tougher to defend in California. Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women. The law, dubbed the California...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

The California Fair Pay Act

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

New York State Department of Labor Publishes Revised Proposed Regulations Governing Use of Payroll Debit Cards

On October 28, 2015, the New York State Department of Labor (NYSDOL) published revised proposed regulations modifying its draft regulations (which were initially published on May 27, 2015) governing permissible methods of...more

Stronger New York Pay Equity Law to Take Effect in January 2016

New York employers take notice: an amendment to New York’s equal pay law (S.1/A.6075) was signed by Governor Cuomo on October 21, 2015. The law amends Labor Law Section 194, which prohibits pay differentials based on gender...more

Preparing for Compliance with California’s New Fair Pay Act

When California’s Fair Pay Act goes into effect January 1, 2016, the state’s employers will be subject to the strictest equal pay law in the country. The new law is part of an increased effort on both the federal and state...more

Higher Wages for Computer Software Employees for 2016

The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

One Down, Two to Go - UAW Ratifies New Contract With Fiat Chrysler

The UAW appears to have learned from its mistakes from the first ratification vote. On October 22, 2015, the UAW announced that a majority of its membership voted in favor of the revised tentative agreement with Fiat...more

California Toughens Equal Pay Law

California employers may no longer pay employees of one sex less than employees of the opposite sex for substantially similar work. This is because, earlier this month, Governor Jerry Brown signed Senate Bill No. 358, the...more

Colorado Vacation Pay Update

Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more

Employers, Don’t Sleep on Your Rights

There are ways of gaining a tactical advantage in Fair Labor Standards Act (“FLSA”) litigation, but sleeping on one’s rights in such a circumstance is not one of them. NPC International, Inc., a Pizza Hut franchisee, learned...more

"Use-It-Or-Lose-It" Vacation Policies Declared Permissible in Colorado

The Colorado Department of Labor-Division of Labor has issued much needed guidance confirming that "use-it-or-lose-it" vacation policies are permissible under the Colorado Wage Protection Act provided that the policy is...more

Keine Vergütung von Raucherpausen aus betrieblicher Übung

So entschied das LAG Nürnberg mit nun veröffentlichtem Urteil vom 21. Juli 2015 (Az.: 7 Sa 131/15; Parallelsache mit Urteil vom 5. August 2015 (Az.: 2 Sa 132/15)). In dem Betrieb des klagenden Arbeitnehmers wurde durch eine...more

Good News for Employers: Requiring an Employee to Pay Back Salary is a Possible Remedy Against Disloyal Employees

On September 22, 2015, the New Jersey Supreme Court held that employers may recoup salary from disloyal and recently terminated employees even when the employer has not suffered any economic loss. In Kaye v. Rosefielde, the...more

The Lessons (and Wisdom) of Rihanna

Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers...more

Strict New California Fair Pay Act Will Become Effective January 2016

In only a few months, employers in California will be subject to one of the strictest and most aggressive equal pay laws in the country. This week, Governor Jerry Brown signed the California Fair Pay Act (“Act”), Senate Bill...more

It’s Like Déjà Vu All Over Again

For the second time in just over three weeks, the UAW and Fiat Chrysler reached a tentative agreement on October 7, 2015, narrowly avoiding a strike deadline of 11:59 p.m. unilaterally imposed by the UAW. This time, however,...more

How to Prepare for the New California Fair Pay Act

Changes in the Act will increase the difficulty employers face in justifying pay differentials. On October 6, 2015, Governor Brown signed into law the California Fair Pay Act. The California Fair Pay Act amends Labor...more

Bipartisan CA Paycheck Fairness Bill Aims to Enhance Pay Equality and End Salary Secrecy

Wait. Doesn’t California already have an equal pay law? Well, yes. In fact, California has prohibited wage discrimination on the basis of sex since 1949, long before pay discrimination was prohibited by federal law. However,...more

California To Enact Broad “Fair Pay” Law Today

In an effort to close the wage gap between working men and women, the California legislature recently passed Senate Bill 358 (the “Fair Pay Act”) to amend California’s current equal pay law. Governor Jerry Brown is expected...more

A Quick Update on Speedy Election Rules (Hint: The Predictions Have Come True — Somewhat)

The National Labor Relation Board’s new election procedures became effective April 14, 2015. You may recall that the new rules were largely designed to shorten significantly the time between a union’s filing of a petition for...more

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