Employment Law This Week®: New York Employee Scheduling Regulations, NLRB General Counsel Confirmed, Decrease in EEOC Charge Backlog, New Local $15 Minimum Wage Law

by Epstein Becker & Green
Contact
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) New York See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) New York Announces New Employee Scheduling Regulations

Our top story: Statewide employee scheduling rules are coming to New York. The state Labor Department is advancing regulations limiting on-call and just-in-time scheduling. The proposed rules require additional pay for employees scheduled on short notice, but would not prohibit the practice altogether. While the regulations appear to primarily target retailers, who commonly use on-call scheduling, they will impact other industries as well. Here’s Jeff Landes from Epstein Becker Green with more:

“Arguably these proposed regulations are driven by targeting the retail industry in the fast foods industry because these are historically the industries that have utilized more unpredictable scheduling models. It is very noteworthy that these proposed regulations are part of the minimum wage order for miscellaneous industries and occupations, which means that they apply to employers well beyond just the retail industry and the fast foods industry. … This will be a significant change. For employers that utilize IT shift workers who are frequently on calls, such as help desk support, you're now going to have to comply with these new rules as well.”

(2) Senate Confirms White House Nominee for NLRB General Counsel

Management-side labor lawyer Peter Robb has been confirmed as the next National Labor Relations Board General Counsel. The Board’s General Counsel serves a critical policy role at the Labor Board, deciding which issues to pursue in investigations and litigation. Robb is expected to move away from the expansive agenda of his predecessor in many areas, including the broadened joint-employer standard. An accomplished attorney, Robb played a key role in the Reagan Administration’s response to the air traffic controllers union strike, which resulted in their firing - a pivotal event in the modern history of labor relations.

(3) EEOC Touts Major Decrease in Charge Backlog

The U.S. Equal Employment Opportunity Commission says its charge backlog has dropped to a ten-year low. Last week, the agency released its fiscal year 2017 Performance and Accountability Report highlighting its work over the past year. According to the report, the EEOC resolved 99,109 charges, and reduced the charge workload by 16.2 percent, bringing its total workload to just over 61,000 charges. The agency filed 184 merit lawsuits, more than double the 2016 number, and recovered approximately $484 million dollars for parties charging workplace discrimination. This includes $355 million in settlements and other administrative enforcement and $42 million through litigation.

(4) Montgomery County, Maryland: Latest to Implement $15 Minimum Wage

A $15 dollar minimum wage on the way in Montgomery County, Maryland. Montgomery County joins neighboring Washington, DC, in implementing the $15 dollar minimum. Two states and at least six other jurisdictions have enacted similar measures. Montgomery County’s law establishes a slower path to $15 than DC, with large employers reaching that level in 2021. The law also allows for an "opportunity wage" of 85 percent of the minimum wage for employees under 20 years old in their first six months of employment.

(5) Tip of the Week

Barbara Harris, Senior Labor & Employment Editor at Thomson Reuters Practical Law, discusses the patchwork of state and local paid sick leave laws. Until the federal government passes a fix, like the preemption law we discussed on last week’s show, this will remain a concern for employers:

“Drafting a legally compliant paid sick leave policy has become one of the biggest headaches for multi-jurisdictional employers, but there are several steps they can take when embarking on this task. First they need to understand the applicable state and local sick leave laws wherever they have employees. Next they need to decide whether to have a generic PTO or paid time off policy or a specific sick leave policy that just covers the uses under the applicable laws. This may depend on where the employees are located and how many jurisdictions they have employees working in. Sometimes the best starting place for employers is to use their existing policies. Those policies may really be more compliant with existing, with the applicable laws than they thought.”

Watch the episode and subscribe for notifications: EmploymentLawThisWeek.com See less -

Embed
Copy

Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green
Contact
more
less

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.