News & Analysis as of

Flexible Work Arrangements

Proposed National Paid Leave and Flexible Work Options Law Will Preempt State Leave Laws

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the...more

WPI Insider Briefing – A Taxing Year Races to the Finish Line

by Littler on

As the Thanksgiving holiday approached, Republican lawmakers in both chambers of Congress made progress toward their singular legislative priority to enact comprehensive tax reform. Facing uncertainty in the 2018 midterm...more

Just in Time for the Holidays

by Blank Rome LLP on

New York State is considering new regulations that will restrict the ability of service industry employers to utilize “on-call” or “just in time” scheduling practices for shift workers. These scheduling practices are common...more

Federal Legislation Would Pre-empt State and Local Laws in Return for Guaranteed Paid Leave

On November 2, Republican congresswomen introduced legislation that would relieve employers from the growing patchwork of state and local paid employee leave laws in return for their guarantee of certain paid benefits. The...more

Congress Tackles Federal Paid Leave with Flexible Work Standards Bill

by Ballard Spahr LLP on

U.S. Representative Mimi Walters (R-CA) last week introduced bill H.R. 4219, "Workflex in the 21st Century Act," which, if passed, will create a voluntary program through which employers can opt to offer employees a...more

3rd Circuit Rules Employers Must Pay for Short Breaks

A recent case in the Third Circuit Court of Appeals serves as an important reminder that employers must pay workers for short breaks. The opinion by Judge McKee in Secretary United States Department of Labor v. American...more

Rules Proposed For NYC’s Fair Workweek Law

by Fisher Phillips on

New York City’s Department of Consumer Affairs (DCA), the agency tasked with enforcing the city’s new “Fair Workweek Law,” recently issued proposed rules to implement the legislation and provide guidance to covered employers...more

Republican Lawmakers Try New Approach to Paid Leave, Workplace Flexibility

by Littler on

In an effort to promote workplace flexibility and streamline employer paid leave obligations, three members of the House of Representatives on November 2, 2017 introduced a bill that takes a novel approach to promote...more

Fifth Circuit Ruling Emphasizes Importance of Establishing Factual Basis for Compensating Employees Using Fluctuating Workweek...

by Jackson Walker on

On August 4, 2017, the United States Court of Appeals for the Fifth Circuit issued an opinion in Hills v. Entergy Operations, Inc., addressing what it called the “tricky” and often “perplexing” task of determining a salaried...more

NYC’s “Freelance Isn’t Free Act” Might End Up Impacting Businesses Across the Country

by Fisher Phillips on

Many workers are leaving the comfort and stability of traditional 9 to 5 jobs in favor of more flexible options. This paradigm shift may be new to the general public, but it certainly does not appear to be a passing fad. In...more

The Law On Demand

by Fisher Phillips on

The on demand economy is now far more expansive than transportation or food delivery. In fact, lawyers now make up a growing aspect of this market as an increasing number make themselves available as “contract attorneys”...more

“Congratulations – Now, Back To Work!” What Employers Need To Know About The Fifth Trimester

by Fisher Phillips on

Parents everywhere are familiar with the joys and trials of the three trimesters of pregnancy. The term “fourth trimester” has also gained widespread recognition, that three-month period when a baby gets used to living...more

NYC Mayor Signs Into Law Suite of Retail and Fast Food Employee Protections

On May 30, 2017, New York City Mayor Bill de Blasio signed a bill package into law that will impose new restrictions on retail and fast food employers with regard to employee scheduling, hiring, and pay practices. The laws...more

NYC Scheduling Laws Will Constrain Employers’ Scheduling And Flexibility - Retail and Fast Food Employers Soon Subject To “Fair...

by Fisher Phillips on

New York City Mayor Bill de Blasio signed a suite of legislation dubbed the “Fair Workweek” bills into effect on May 30, 2017, which will limit the scheduling practices and flexibility of certain employers. These laws are...more

Federal Legislation Seeks to Advance Portable Benefits for Gig Workers

by Fisher Phillips on

Several weeks ago, we asked if the concept of portable benefits for gig economy workers was one step closer to reality, with rumors swirling of imminent federal legislation forthcoming. Well, this issue just took a big leap...more

U.S. House passes bill to substitute overtime pay with time off

by McAfee & Taft on

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”)...more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

Are Portable Benefits One Step Closer To Reality?

by Fisher Phillips on

According to a great article by Tyrone Richardson in Bloomberg BNA, it appears that the concept of portable benefits for gig workers is a step closer to reality. Richardson reports that Congress is “seeking ways to fill the...more

Breaking News-House Passes Comp Time Bill!!

by Ruder Ware on

Some Frequently Asked Questions for the Curious… The House passed a bill earlier this week that, if signed into law, would dramatically change private sector compensation in the United States. Interested? Keep reading....more

Private Sector Comp Time Bill Passes in U.S. House

As you may recall, we recently wrote about the Working Families Flexibility Act of 2017, a new bill introduced in the United States Congress that would amend the Fair Labor Standards Act to give non-exempt private sector...more

House Passes Private Sector “Comp Time” Bill, But Is It Practical For Employers?

In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime...more

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

by Fisher Phillips on

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more

Focus on indirect sex discrimination and part-time workers

by Dentons on

The recent case of Fidessa Plc v. Lancaster looked at two key issues relating to an unfair dismissal claim: - Whether an employer had engaged in indirect sex discrimination during a role re-organisation and failed to...more

Gig Economy Portable Benefits Bill Introduced In Washington State

by Fisher Phillips on

We’ve written before about a proposal in New York that would permit gig companies to pay into a benefit fund for workers allowing them freedom to develop portable benefits; now, Washington state is considering a similar...more

2018: California Employment Laws on the Horizon

Are you finally caught up on all of the new California laws taking effect in 2017? Then begin preparing for 2018 because the California legislature has been busy drafting another set of employment related laws. Here is a...more

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