Entries by ManagEase

DOL Issues Final Rule on Changes to Overtime Exemptions

APPLIES TO All Employers Subject to the FLSA EFFECTIVE January 1, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 The U.S. Department of Labor (DOL) recently issued the final rule updating the salary requirements for overtime exempt classifications. For executive, administrative, professional, and computer professional exemptions, the salary threshold will increase from $455 to $684 per […]

Expanded Moral Exemptions to ACA’s Contraception Mandate Struck Down Again

APPLIES TO All Employers Subject to the ACA EFFECTIVE July 12, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Commonwealth of Pennsylvania v. President of the United States, the Third Circuit Court of Appeal stated that the Trump administration’s rules expanding employer exemptions to the contraceptive mandate for religious or moral objections were not enforceable. […]

8th Circuit: Arbitration Agreements Must Be Enforceable Contracts

APPLIES TO All Employers with AR, IA, MN, MO, NE, ND, and SD Employees EFFECTIVE July 15, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Shockley v. PrimeLending, the Eighth Circuit Court of Appeal reminded employers that arbitration agreements must be enforceable contracts. There, the employer’s mandatory arbitration agreement and delegation clause existed only in […]

9th Circuit: De Minimis Rule Does Not Apply to Regular Work Activity Regardless of How Little Time is Spent

APPLIES TO All Employers with CA Employees EFFECTIVE June 28, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Rodriguez v. Nike Retail Servs., Inc., the Ninth Circuit refused to apply the de minimis rule to time employees spent participating in security checks after clocking out, even though the time spent could have been less than […]

California: State Supreme Court Takes a Heavy-Handed Look at Unconscionability in Arbitration Agreements

APPLIES TO All Employers with CA Employees EFFECTIVE August 29, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Oto, LLC v. Kho, the California Supreme Court again pushed back on arbitration agreements in employment. The U.S. Supreme Court historically has said that states cannot discriminate against arbitration as a forum for resolving disputes or in […]

California: AB 5 Cements the Dynamex Independent Contractor Test

APPLIES TO All Employers with CA Employees EFFECTIVE January 1, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 In 2018, in Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court set forth an ABC test for determining when an individual is an independent contractor rather than an employee for wage and hour-related claims. […]

Colorado: Employer Policy Controls Vacation Payout on Termination

APPLIES TO All Employers with CO Employees EFFECTIVE June 27, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 In Nieto v. Clark’s Market, Inc., the Colorado Court of Appeal stated that the employer and employee’s agreement determines how accrued vacation time is handled at termination. Specifically, the state Wage Claim Act, which states in part that […]

Chicago, IL: Predictive Scheduling Law Coming Next Summer

APPLIES TO Certain Employers with Chicago, IL Employees EFFECTIVE July 1, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 The Chicago Fair Workweek Ordinance was recently passed by the City Council, which will require employers to provide advance notice of work schedules to lower income employees in certain industries. Specifically, the Ordinance applies to employers with […]