News & Analysis as of

Work Schedules

Who Could Have Predicted? Fair Scheduling Requirements Pose Compliance Challenges for Retail, Restaurant, and Other Employers

by Littler on

After San Francisco passed its Formula Retail Employee Rights Ordinances in November of 2014, making it the first jurisdiction to impose scheduling requirements on private employers, predictive or fair scheduling laws were...more

Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

by Littler on

A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants....more

The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

by FordHarrison on

Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

WPI State of the States: Labor Day Edition

by Littler on

The holiday weekend marked the end of summer fun, but state legislatures across the country remained hard at work in August. Roughly nine statehouses are in active session. In other jurisdictions, such as Florida and Ohio,...more

Fair Game? Predictable Scheduling Laws — The Sensation Sweeping The Nation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Last minute scheduling change? Want to make sure you have enough employees on stand-by to cover shifts? In a growing number of areas around the country, that will cost you. ...more

Novedades en Materia Laboral

by Holland & Knight LLP on

Teniendo en cuenta los artículos que han circulado recientemente sobre las leyes expedidas con impacto laboral y el reciente fallo de la Corte Suprema de Justicia relacionado con la disponibilidad de trabajadores, Holland &...more

Bay Area Local Law Update: Emeryville’s “Fair Workweek Ordinance”; San Francisco Bans Salary History Inquiries; And Additional...

Over the past few years, one of the biggest trends in employment law has been the proliferation of local ordinances imposing workplace standards beyond those mandated by state and federal laws. While many state governments...more

Revisiting the Fluctuating Workweek Method: CT Supreme Court Says No for Retail Employees

by Shipman & Goodwin LLP on

It never seems to fail; I go on vacation and the Connecticut Supreme Court issues one of the few employment law decisions it issues every year during that week. Fortunately for all of us, it concerns the fluctuating work...more

Oregon is First State to Pass Predictable Scheduling Law

by Bryan Cave on

Oregon has become the first state to enact a predictable scheduling law, S.B. 828, regulating employer scheduling practices in the food service, hospitality, and retail industries. The new law will take effect on July 1,...more

Businesses Should Prepare For Predictive Scheduling Laws

by Conn Maciel Carey LLP on

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that...more

Oregon Employers Face Significant New Workplace Laws

by Fisher Phillips on

There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four...more

New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers

by Littler on

A new Oregon statute will require certain large employers to provide their Oregon employees with advance notice of their work schedules. The notice period will initially be 7 days starting next year before increasing to 14...more

Oregon Becomes First State To Enact Scheduling-Protection Laws For Service Industry

Following similar local ordinances in New York City, San Francisco, and Seattle, Oregon has become the first state to enact a law restricting the scheduling practices of service-industry employers. On August 8, Gov. Kate...more

Fifth Circuit Limits Use of Fluctuating Workweek

by Franczek Radelet P.C. on

Employers who rely on the fluctuating workweek method to calculate overtime for employees should take a few minutes to review a new ruling from the Fifth Circuit Court of Appeals that draws some new lines around when the...more

Oregon Becomes First State In Nation To Enact Scheduling Legislation

by 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

EU Retail News - July 2017

by Bryan Cave on

On 18 July 2017, the UK's Advertising Standards Authority ("ASA") published a new report which calls for an end to gender stereotyping in advertising. The report comes at the end of an investigation into this issue, during...more

Massachusetts Finalizes New Pregnancy Workplace Law: What to Expect When Your Employees Are Expecting

by Fisher Phillips on

Massachusetts just joined 21 other states and the District of Columbia by enacting a comprehensive pregnancy workplace law with unanimous support from the legislature, employee advocates, and the Massachusetts business...more

San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws...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

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

Court Rules Request for Religious Accommodation Is Not “Protected Activity” for Title VII Retaliation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by a federal district court in Minnesota held that a religious accommodation request is not “protected activity” under Title VII. In defending retaliation litigation, employers should...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

Oregon to Enact Predictive Scheduling Law Affecting Retail, Hospitality, and Food Service Employers

The Oregon governor is expected to soon sign Senate Bill 828, which will impose predictive scheduling requirements on large employers in certain industries. Here are answers to some of the most frequently asked questions...more

Oregon Is Set to Become the First State in the Nation Requiring Employers to Give Hourly Employees Advance Notice of Their Work...

by K&L Gates LLP on

Following cities like San Francisco and Seattle, on June 29, 2017, the Oregon Legislature passed the Fair Work Week Act (the “Act”), becoming the first state in the nation to require advance notice of hourly employee work...more

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