New York: Court Decision Results in New Challenges with the Frequency of Pay Law

APPLIES TO

All Employers with NY Employees

EFFECTIVE

September 10, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Vega v. CM & Associates Construction Management, LLC, the Appellate Division of the New York Supreme Court stated that employers may be liable to pay liquidated damages for wage claims surrounding a failure to pay manual workers timely.

Read more

Oregon: Employers MUST Ensure Meal Periods are Taken

APPLIES TO

All Employers with Oregon Employees

EFFECTIVE

November 14, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Maza v. Waterford Operations, LLC, the Oregon Court of Appeal stated that it was not sufficient that an employer provide employees with the opportunity to take required meal breaks, but that meal premiums must be paid if an employee does not take the required minimum 30-minute break if working shifts longer than six hours, and a second meal break for shifts of 14 hours or more.

There, the employer’s meal break policy stated it was mandatory that employees took the required meal periods and did not permit waiver of a meal period. It also required employees to report if an employee was required to work off the clock. However, the court stated these were insufficient steps and that the employer was strictly liable for a missed or insufficient meal period, regardless of the reason.

Action Items

  1. Implement timekeeping procedures for meal periods to document meal periods taken.
  2. Have payroll administrators and managers trained on meal period requirements.
  3. Update payroll processes to ensure employees are paid the required premium for missed meal periods.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Oregon: Senate Bill Implements Fixes to Equal Pay Law

APPLIES TO

All Employers with OR Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Senate Bill 123 provides clarity to a few aspects of the Oregon Equal Pay Act (EPA), as well as a voluntary equal pay analysis safe harbor.

Under the EPA, employers are required to pay employees the same rate for work of comparable character, unless the pay differential can be attributed to one or more bona fide factors, such as a seniority system, merit system or system that measures earnings by quantity or quality.  SB 123 updates the definition of a “system” to mean “a consistent and verifiable method in use at the time that a violation is alleged.”

Read more

Pennsylvania: Fluctuating Workweek Method of Overtime Pay No Longer Permitted

APPLIES TO

All Employers with PA Employees

EFFECTIVE

November 20, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Chevalier v. General Nutrition Centers, Inc., the Pennsylvania Supreme Court stated that employers may not use the fluctuating workweek (FWW) method of calculating overtime under state wage and hour law. The FWW allows employers to pay a fixed salary, regardless of the number of hours worked, and pay overtime at a half hourly rate for time worked over 40 hours in a week by dividing the fixed salary by the number of hours worked in a week. The idea is that employees already receive the first portion of the overtime rate in the fixed salary.

The Court stated that this method, although permitted under federal law, was not consisted with state wage and hour law, which requires that employees be paid for overtime “not less than one and one-half times” the employee’s regular rate. Employers must stop using the FWW method of calculating overtime and ensure that employees receive one and a half times the regular rate of pay for overtime hours worked.

Action Items

  1. Have payroll processes updated immediately.
  2. Review pay structures for compliance.
  3. Have payroll administrators trained on overtime calculations.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Washington: No Separate Rate for Non-Piece Work Time

APPLIES TO

All Employers of WA Employees

EFFECTIVE

September 5, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Sampson v. Knight Transp., Inc., the Washington Supreme Court told a federal district court that the Washington Minimum Wage Act (MWA) does not require non-agricultural employers to pay piece-rate employees per hour for time spent performing activities outside of piece-rate work. As long as employee total wages for the week do not fall below the statutory minimum wage for each hour worked, the employer is in compliance with the MWA.

Read more

December Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. 2020 Minimum Wage Increases for Federal Contractors
  2. Second Circuit: Sexual Harassment vs. Sex Discrimination
  3. Third Circuit: Blue Penciling Noncompete Agreements is Okay
  4. Sixth Circuit: Statute of Limitations Cannot be Shortened for Title VII Cases
  5. Ninth Circuit: Home Care Workers’ Overtime Rule Retroactive Effective Date Applied
  6. Tenth Circuit: FLSA Applies to Workers in Cannabis Industry
  7. California: Calculating Meal and Rest Premiums Clarified
  8. California: Mandatory Service Charges May be Gratuities
  9. Bernalillo County, NM: PTO Start Date Moved Up
  10. New York: Reproductive Health Decisions Protected
  11. New York City, NY: Guidance on National Origin/Immigrant Status-based Discrimination
  12. Oregon: Don’t Retaliate – Even After Termination
  13. Columbia, SC: Criminal and Salary History Inquiries Banned
  14. San Antonio, TX: Paid Sick Leave on Hold – Again

Read more