Entries by ManagEase

September Updates

APPLIES TO Varies EFFECTIVE Varies QUESTIONS? Contact HR On-Call (888) 378-2456 This Short List addresses the following topics: The DOL Created a New Department to Support Employer Compliance OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms Federal Contractor Minimum Wage Increase for 2019 Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements Eighth Circuit: USERRA Still […]

California: De Minimis Time Just Got Smaller – A New Wage and Hour Challenge

APPLIES TO All Employers with CA Employees EFFECTIVE July 26, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 Employers should take immediate action!  Recently, in Troester v. Starbucks, the California Supreme Court stated that 4-10 minutes of time worked on a regular basis after clocking out must be compensated. Historically, federal law and the California Division […]

Third Circuit: Employee’s Refusal to Report Sexual Harassment Does Not Bar Claims Against Employer

APPLIES TO All Employers with DE, NJ, and PA Employees EFFECTIVE July 3, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Minarsky v. Susquehanna Cty., the Third Circuit Court of Appeal recently rejected the notion that an employee’s refusal to report sexual harassment automatically invalidated the employee’s harassment claim against the employer. There, the employee’s […]

Ninth Circuit: Fair Credit Reporting Act Pre-Adverse Action Notice Is a Procedural Requirement and Not an Actionable Right

APPLIES TO Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees EFFECTIVE July 13, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Dutta v. State Farm, the Ninth Circuit Court of Appeal stated that an employee did not have standing to sue a prospective employer for failing […]

Eleventh Circuit: Valet Uniforms May Be “Materials” Requiring FLSA Coverage of Employees

APPLIES TO Employers with AL, FL, and GA Employees EFFECTIVE June 29, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In Asalde v. First Class Parking Sys. LLC, the Eleventh Circuit Court of Appeal stated that a jury may determine whether valet uniforms meet the “materials” definition for “enterprise coverage” which would allow them the protections […]

California: Challenges to Protections from Immigration Enforcement Target Status as a “Sanctuary State”

APPLIES TO All Employers with CA Employees EFFECTIVE July 4, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 California’s Immigrant Worker Protection Act (AB 450) (the “Act”) went into effect as of January 1st this year. The Act restricted employer cooperation with federal immigration enforcement agencies beyond what was required by federal law. However, a federal […]

California: New Defamation Protections for Harassment Victims and Employers

APPLIES TO All Employers with CA Employees EFFECTIVE January 1, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 Governor Brown recently signed AB 2770 into law allowing (1) current and former employers to inform prospective employers they would not rehire the employee based on the employer’s determination that the former employee engaged in sexual harassment, and […]

Hawaii: Prior Salary History Inquiries Banned as of January 1, 2019

APPLIES TO All Employers with HI Employees EFFECTIVE January 1, 2019 QUESTIONS? Contact HR On-Call (888) 378-2456 Senate Bill 2351 prevents employers with at least one employee working in Hawaii from making prior salary history inquiries, except under very limited circumstances.  Like most other states implementing such laws, employers must be careful not to ask […]

New York: Appellate Court Gives Gig Economy Business a Victory in Fight Against Claims of Independent Contractor Misclassification

APPLIES TO Employers with NY Employees EFFECTIVE June 22, 2018 QUESTIONS? Contact HR On-Call (888) 378-2456 In another victory for a “gig” economy business, delivery service coordinator, Postmates, successfully defended itself against a claim of independent contractor misclassification. In Matter of Vega, New York’s Third Department Appellate Court stated that a courier working in delivery […]