News & Analysis as of

On-Call Employees

Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries

by BakerHostetler on

Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and...more

Uber Forced To Carry On Its Defense Of 'On Call' Claims

by Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Employee Classification and the Gig Economy - Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia...more

What Issues May Employers Be Required to Address as Hurricane Irma Threatens?

by FordHarrison on

As Florida and the East Coast of the U.S. brace for Hurricane Irma, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses...more

Employer Considerations in the Wake of Devastation

by Jackson Walker on

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

Employers Should Be Prepared to Deal with the Aftermath of Hurricane Harvey

by FordHarrison on

In the wake of the devastation caused by Hurricane Harvey, many employers are faced with questions as they prepare to resume normal operations. Some of the most common questions, such as those arising under the Fair Labor...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 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

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

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

New York City Enacts Fair Workweek Legislation for Retail and Fast Food Employers

Mayor de Blasio recently signed into law five bills collectively called the “Fair Workweek” legislative package, which will significantly impact employers in the retail and fast food industries. The laws are scheduled to take...more

Key California Employment Law Cases: May 2017

by Payne & Fears on

May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more

Give Me A Break! Do Your Unpaid On-Call Shifts Remain Alive and Well?

by Fisher Phillips on

There are a variety of situations that may require your employees to handle on-call shifts after finishing their regular shift, most commonly if you need to provide certain services at irregular frequencies and intervals....more

New York City Follows Trend in Predictable Scheduling Law

by Bryan Cave on

New York City has enacted a law banning “on-call scheduling” for retail employees. The law takes effect on November 26, 2017. With “on-call scheduling,” an employer requires an employee to be available to work, to contact...more

New Fair Workweek Legislation Scheduled To Take Effect On NYC Fast-Food Chains And Retailers In November 2017

by Cole Schotz on

New York City Mayor Bill de Blasio recently signed a package of legislation known as the “Fair Workweek” bills, which will take effect on many of the city’s fast-food chains and retailers starting in November 2017....more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

New York City Retailers, Get Ready To Change Your Employee Scheduling Practices

In an apparent effort not to be outdone by the cities of San Francisco and Seattle, the New York City Council has approved a package of bills that are collectively being referred to as the “Fair Work Week” laws. Fairness,...more

NYC Enacts "Fair Work Week" Laws for Retail and Fast Food Employees

by FordHarrison on

New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including...more

Unfair Scheduling: How New York City’s New Predictive Scheduling Law Continues The Trend And Makes Operations More Difficult For...

In November 2014, San Francisco passed the first predictive scheduling legislation in the country. Since that time, other states and municipalities have followed San Francisco’s lead, and have either proposed or enacted some...more

New Requirements for Fast Food Employers and Retail Corporations in NYC

by Hodgson Russ LLP on

On Tuesday, May 30, 2017, New York City Mayor Bill de Blasio signed into law the “Fair Workweek” legislative package that is designed to ensure predictability of schedules and paychecks for workers in the in New York City...more

New York City Passes Wide-Ranging Legislation Dictating How Retail and Fast Food Establishments Schedule Workers

On May 30, 2017, New York City Mayor Bill de Blasio signed into law a package of legislation regulating how retail employers and fast food establishments in New York City schedule their employees to work. Each of these laws...more

Shifty Business: NYC Restricts Shift Scheduling for Retailers and Fast Food Chains

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Five new laws in New York City will impose strict limits on shift scheduling for fast food and retail industry employees. The laws will be effective 180 days after their signing, on November 26, 2017....more

Don’t Change the Schedule: NYC Fast Food and Retail Employers Must Take Notice

Beginning November 2017, fast food and retail employers in New York City will be forced to think twice before making changes to employees’ schedules. Last week, Mayor Bill de Blasio signed the “Fair Workweek” bills into law,...more

Attention NYC Retail Employers! On-Call Scheduling to End

Effective November 26, 2017, retail employees in New York City will be entitled to advance notice of their scheduled shifts, and the practice of “on-call shifts”–where an employee is required to be available to work but not...more

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