News & Analysis as of

Work Schedules

New York State Jumps on the Predictive Scheduling Bandwagon and Issues Proposed Scheduling Rules

by Littler on

On the eve of the November 26, 2017 effective date of New York City’s own predictive scheduling regulations that affect retail and fast food employers, the New York State Department of Labor has issued proposed predictive...more

Shifty Business III: NYS Proposes Rules Requiring Pay for On-Call Scheduling Practices

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Proposed rules released by the NYS DOL would require employees to be paid for time not worked due to on-call scheduling practices....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

New York Proposes New “Call-In” Pay and Scheduling Requirements

by Bond Schoeneck & King PLLC on

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently-proposed state Regulations. Governor Andrew Cuomo recently announced these proposed Regulations, which the New York State...more

New York State to Address Employee Scheduling

by Fisher Phillips on

New York City’s Fair Workweek Law takes effect on November 26, 2017, thereby limiting the scheduling options and reducing the flexibility of retail and fast food employers. Not to be outdone, New York State is about to add...more

New York Department Of Labor Proposes Scheduling Regulations

by Jackson Lewis P.C. on

Big changes may be in store for employers in New York who require employees to be “on call” or who are accustomed to making quick changes to employee schedules, including canceling shifts when customer or client demand...more

Ready or Not, Here It Comes! 2018 Brings New Labor & Employment Laws, Primarily at the State Level

by Littler on

As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...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

Ahead of Schedule? What Oregon’s Fair Work Week Bill Means to the Retail, Hospitality, and Food Service Industries

In case you didn’t know, Oregon enacted the “Fair Work Week” law, making it the first state to legally restrict the scheduling practices of employers in the service sector. The highlights include... ...more

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

Emergency New York Department of Labor Amendment Attempts to Clarify Pay Requirements for Home Health Care Workers

by Hogan Lovells on

The home health care industry has been buffeted in the past year by almost constant winds of change and conflicting guidance. Home health care agencies, which provide crucial live-in aides to New York’s most vulnerable,...more

New York City Issues Proposed Rules For Fast Food, Retail Workers Scheduling Law

by Jackson Lewis P.C. on

The New York City Department of Consumer Affairs (DCA) has issued proposed rules for the implementation of the Fair Workweek Law in an attempt to clarify and assist employers with compliance. The Law is intended to reform...more

Will California See Dueling “Fair Scheduling” Proposals in 2018?

by Fisher Phillips on

Popular legislative proposals sometimes generate competition among legislators for who will be the first to introduce a bill on a given subject, or who will get credit for a bill’s final passage and enactment into law....more

Social Media – “Exhibit A” in Litigation

by LeClairRyan on

A recent case from the Commonwealth Court of Pennsylvania illustrates in vivid detail the potentially disastrous litigation consequences for employees of making ill-advised postings on social media, including Facebook. It...more

Workflex in the 21st Century Act Could Modernize ERISA With Telecommuting, Job-Sharing, and More

On November 2, 2017, U.S. Representative Mimi Walters (R-CA) introduced the Workflex in the 21st Century Act, a bill that would amend the Employee Retirement Income Security Act of 1974 (ERISA). The legislation would allow...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

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

by Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...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

Reminder To NYC Employers: New Fair Workweek Laws Become Effective November 26, 2017

by Cole Schotz on

The controversial New York City Fair Workweek laws are scheduled to go into effect on November 26, 2017 at the conclusion of Thanksgiving weekend. We previously blogged about the new laws shortly after their enactment...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

NYC Proposes Rules Implementing Fair Workweek Law: Spelling More Concerns for Retail and Fast Food Employers

As we previously reported, New York City retail and fast food employers must prepare for the Fair Workweek Law set to go into effect on November 26, 2017. On October 16, 2017 the Department of Consumer Affairs Office of Labor...more

Shifty Business II: Rules Proposed for NYC’s Fair Workweek Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NYC Department of Consumer Affairs has proposed rules implementing the Fair Workweek Law, which imposes significant constraints on shift scheduling in the retail and fast food industries. The comment...more

The DCA Has Issued Proposed Rules for the New York City Fair Workweek’s Predictive Scheduling Laws

by Littler on

On October 16, 2017, New York City’s Department of Consumer Affairs (DCA), promulgated rules that further expand upon New York City’s Fair Workweek Law. ...more

Short Rest Breaks are Compensable Under the FLSA

This month, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (“FLSA”) requires employers to compensate employees for all rest breaks of twenty minutes or less....more

NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the "13-Hour Rule"

by Littler on

As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more

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