On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more
6/23/2021
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), a mandatory workplace safety rule aimed at protecting healthcare workers from COVID-19. OSHA also...more
In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more
On Tuesday, April 27, President Biden signed Executive Order 14025, raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. This marks a sharp 37% increase from the current $10.95 minimum...more
On January 13, 2021, Governor Mike DeWine signed into law H.B. 352, overhauling the state’s employment discrimination laws in several significant respects. Most notably, the new law requires that prospective plaintiffs file...more
States and municipalities continue to take action to fill in the gaps left by federal legislation providing leave, including for reasons related to the ongoing COVID-19 pandemic. New York, New Jersey, and the City of...more
States continue to take action to fill in the gaps left by federal legislation providing leave for reasons related to the ongoing COVID-19 pandemic. California and Oregon have taken such action in recent months by expanding...more
12/15/2020
/ BOLI ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employee Benefits ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Family Leave Law ,
Paid Leave ,
Public Health Emergency ,
Relief Measures ,
Sick Leave ,
Sick Pay
On November 19, 2020, California’s Occupational Safety and Health Standards Board (“OSHSB”) voted unanimously to pass an emergency COVID-19 regulation that will impose new obligations on California employers. The 21-page...more
On March 31, 2021, and by March 31 of each subsequent year, California employers that employ 100 or more employees and are required to file an annual Employer Information Report (EEO-1) with the Equal Employment Opportunity...more
10/28/2020
/ Bureau of Labor Statistics ,
Cal-OSHA ,
DFEH ,
EEO-1 ,
Equal Pay ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Data ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
On September 14, 2020, Governor DeWine signed into law H.B. 606 (the “Good Samaritan Expansion Bill”), aimed at stimulating the reopening of Ohio’s economy by granting sweeping immunity from lawsuits relating to the...more
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
If an employer’s substance abuse policy requires employees to undergo random urinalysis drug testing, and employees sign consent forms authorizing “any testing necessary” but not specifically discussing direct observation...more
On August 8, 2020, President Trump issued a Presidential Memoranda allowing for the deferral of employees’ payroll tax obligations. Notably, this Presidential Memoranda does not change any obligation to pay these taxes; it...more
On July 28, 2020, the National Labor Relations Board (“NLRB” or the “Board”) announced another round of rule changes that would impact representation election procedures in two significant ways. We previously discussed prior...more
On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more
The Movement for Black Lives (“M4BL”), in coalition with the Service Employees International Union, the American Federation of Teachers, United Farm Workers, and Fight for 15, recently announced the organization of a...more