Episode 309 -- Alex Cotoia on Compliance with the Uyghur Forced Labor Prevention Act
The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more
New Jersey is leading the movement to create affirmative protections for temporary laborers. On February 6, Governor Murphy signed the “Temporary Workers’ Bill of Rights,” which strengthens protections for temporary workers....more
Fans of the 1984 fantasy film The NeverEnding Story might remember the famous line, “Every real story is a never-ending story.” For California employers that have been grappling with COVID-19 for the better part of the last...more
As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more
As technology has advanced, employers routinely rely on electronic timekeeping software to ensure accurate record keeping. Such software often includes a setting to round employees’ time (typically to the nearest quarter...more
Following its initial action; https://workingtogether.pullcomblog.com/archives/latest-developments-from-the-connecticut-general-assembly-the-labor-and-public-employees-committee-begins-to-speak-3/; the General Assembly’s...more
California employers may not apply time-rounding procedures to meal period time entries, based on a recent California Supreme Court decision. ...more
The California Supreme Court recently ruled that acknowledgments may be evidence used by employers to refute meal period claims, but employers cannot obtain acknowledgments using “rounded” time punches when confronting...more
In Donohue v. AMN Services, LLC, the California Supreme Court held that where employees’ time records reflect a missed, late or short meal break, a “rebuttable presumption” arises that a proper meal break was not provided....more
Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v....more
On February 25, 2021, the California Supreme Court overturned an appellate court’s conclusion that employers could follow precedent and round meal and rest periods when applying a neutral rounding technique. Donohue v. AMN...more
On Thursday, February 25, 2021, the California Supreme Court in Kennedy Donohue v. AMN Services, LLC, effectively ended the usage of time-punch rounding policies in the context of employee meal periods. This decision will...more
In light of the recent ruling, employers in California should be aware of the risks involved in using rounded time to determine whether an employee took a late or short meal break. ...more
If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more
On February 25, 2021, the California Supreme Court issued its opinion in Donohue v. AMN Services, LLC, holding that (1) employers cannot round time punches in the meal period context, and (2) time records showing noncompliant...more
Today, the California Supreme Court held that employers cannot use the practice of rounding time punches in the meal period context, and that unrounded time records that show noncompliant meal periods raise a rebuttable...more
Seyfarth Synopsis: Last week, the San Francisco Board of Supervisors passed the Public Health Emergency Leave Ordinance to expand paid sick leave to employees not entitled to leave under the federal Families First Coronavirus...more
New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed...more
Key Points - • Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants. • If there are changes in an employee’s job and/or the company’s business, it...more
Estella Trammell was an at-will employee of AccentCare. She challenged the district court’s order requiring her to arbitrate a pay dispute with AccentCare. The district court held that there was an enforceable arbitration...more
Many companies at one time or another get overtime compliance wrong, at least to some degree. It’s an expensive topic. Liability under federal law for failing to correctly pay overtime comes at the hefty price of all unpaid...more
Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more
Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage...more