News & Analysis as of

Work Schedules

Is Predictive Scheduling Coming To Connecticut?

In certain businesses where work volume cannot be known in advance, such as outdoor maintenance work that is dependent on the weather and delivery of materials, or service work that is dependent on the volume of customers,...more

Employment news - March 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...more

Certainty is on the Horizon for the New York Home Care Industry

by Littler on

The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more

Fixed Salaries, Fluctuating Hours, and Beyond: A Federal Court Addresses Common Questions About the Fluctuating Work Week Method...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the “FWW”)...more

Live-In Issue is Headed to the Court of Appeals

by Hodgson Russ LLP on

After years of uncertainty concerning the compensation of aides who work shifts of 24 hours or more (commonly referred to as “live-in aides”), the case that started it all — Andryeyeva v. New York Health Care, Inc. — will be...more

WPI State of the States: Legislatures Pick up the Pace

by Littler on

State and local lawmakers introduced over 250 new labor and employment bills in February, and considered hundreds of others in various stages of the legislative lifecycle. Many topics covered by these measures are familiar,...more

The Tenth Circuit Says That The Reasonableness Of Religious Accommodations Relating To Employees’ Observance Of Sabbath Requires...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit has recently vacated summary judgment in favor of an employer in a religious accommodation case that centers on what constitutes a “reasonable” accommodation of an employee’s observance of...more

Q&A Regarding Alternative Workweek Schedules

by Fox Rothschild LLP on

Employees generally love Alternative Workweek Schedules. They prefer, for example, working four 10-hour days to working five eight-hour days. They work the same number of hours but they get an additional day off and less time...more

Additional Protections for Temporary Schedule Changes for Employees under New York City’s Paid Sick Time Law

by Blank Rome LLP on

Recently, the New York City Council passed a bill amending New York City’s Paid Sick Time Law (the “Act”), aiming to protect employees seeking temporary changes to their work schedules in certain circumstances. The Act was...more

Employment News - February 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

New York City Employers Will Soon Be Required To Approve Work Schedule Changes At Their Employees’ Request

by Genova Burns LLC on

On December 19, 2017, the New York City Council passed a bill requiring employers to grant employee requests for “temporary changes” to work schedules for “personal events.” This bill takes effect on July 18, 2018....more

Employment Matters – UK, Featuring Topics on Sexual Harassment, Surveillance, Perceived Disability and Injury to Feelings Claims

It's Just Banter, Right? Living in this 'post Weinstein' world, the recent President's Club scandal has sparked efforts to bring the law in England and Wales into line with #metoo movement. Please see full Newsletter...more

New York City Gives Employees the Right to Change Work Schedules Temporarily for “Personal Events”

by Epstein Becker & Green on

On January 19, 2018, New York City adopted Int. 1399-A (“Law”), which will require New York City employers to provide most city-based employees with up to two temporary schedule changes (or permission to take unpaid time off)...more

More flexibility for employers in Belgium in 2018: Profit Bonus and E-Commerce

A new bill, the so-called Programme Act of 25 December 2017, introduces as from 1 January 2018 a series a new legislative initiatives in Belgium which offer more flexibility for employers. 1. Tax friendly profit sharing...more

New Law Permits NYC Employees to Make Temporary Changes to Work Schedules

Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two temporary...more

WPI State of the States: State Legislatures are Back in Business

by Littler on

The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more

The New York City Council Continues To Pass Laws Granting Employees The Power To Dictate Their Schedules

by Littler on

On December 19, 2017, on the heels of the effective date of the New York City Fair Workweek Act, the New York City Council passed another scheduling law that provides employees with additional rights to demand changes to...more

Predictive Scheduling: New York (State) of Mind

by Kelley Drye & Warren LLP on

Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. The New York State Department of Labor (“NYSDOL”) recently released...more

New York City Employers Must Grant Temporary Work Schedule Changes Beginning July 18

by Jackson Lewis P.C. on

Starting on July 18, 2018, New York City employers will be required to provide temporary schedule changes to employees for a “personal event.” Int. 1399-A became law on January 19, 2018, after Mayor Bill de Blasio failed...more

Doing Business In California: A Guide For Employers

by Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its...more

Emergency Regulation Concerning Live-In Cases Lives On

by Hodgson Russ LLP on

Yesterday, the Industrial Board of Appeals dismissed a challenge brought by the Chinese Staff and Workers Association and other worker advocacy groups (collectively, the “Petitioner”) against the Commissioner of the New York...more

NYS DOL Extends Comment Period for Proposed Scheduling Regulations

by Hodgson Russ LLP on

As we previously reported on November 22, 2017, the New York Department of Labor proposed regulations that would revise the on-call and call-in pay requirements for most employers. The proposed regulations would impose new...more

Review Your Pay Practices for Pennsylvania Employees After Recent Court Decision

by Ballard Spahr LLP on

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

Ninth Circuit Seeks Guidance on Meal and Rest Periods for Ambulance Attendants

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Do ambulance drivers working twenty-four hour shifts have to be available all twenty-four hours, even when they’re eating or resting? The Ninth Circuit wants the California Supreme Court’s opinion....more

Work schedule conflict leads to religious accommodation lawsuit

by McAfee & Taft on

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue...more

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