Eleventh Circuit: Commissions Paid Only Apply to the Workweek in Which They Are Earned When Calculating Overtime Exemption Status

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April 13, 2017

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In Frexia v. Prestige Cruise Services, LLC, an employee alleged that his employer violated the FLSA because the employee’s compensation—a weekly fixed salary plus sales-based commission—fell below the overtime exemption threshold for certain weeks. The Eleventh Circuit’s review of the case confirmed that pay for work performed each workweek must be counted for that workweek, rather than counted across a span of several weeks, in order to meet the overtime exemption threshold.

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California: Labor Commission Releases Updated Paid Sick Leave FAQ

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March 29, 2017

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The California Department of Industrial Relations (“DIR”) Labor Commissioner recently updated the statewide Paid Sick Leave: Frequently Asked Questions (“FAQ”) page.  The update is intended to provide further clarity to three commonly asked questions, which are summarized below.

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California: Arbitration Agreement Provisions Waiving Right to Seek Public Injunctive Relief Are Unenforceable

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April 6, 2017

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Arbitration agreement provisions that require an individual to waive their statutory right to seek public injunctive relief in any forum, including arbitration or in court, have been deemed unenforceable by the California Supreme Court in McGill v. Citibank.

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May Updates

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This HR Alert addresses the following topics:
  1. H-1B Visa Petition Cap Reached; New Program Focuses on Targeting H-1B Fraud
  2. OSHA Delays Effective Date of Final Rule on Beryllium Exposure Again
  3. Updated Pay Transparency Poster for Federal Contractors
  4. California: Wage Orders Have Been Updated and Must be Posted by Employers
  5. Connecticut: Restaurants Cannot Use Tip Credits for Delivery Drivers
  6. North Carolina: Controversial “Bathroom Bill” Repealed, New Bill Introduced
  7. New York: 24-Hour, Non-Residential Home Care Workers Must be Paid for All 24 Hours
  8. New York City, NY: Inquiries into Prior Salary History Prohibited for City Agencies
  9. REMINDER: Washington, DC’s Universal Paid Leave Act Became Effective on April 7, 2017

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Form I-9 Glitch Needs Immediate Review by Employers

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November 14, 2016

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The USCIS sent a press release this week to notify employers that the updated electronic Form I-9 published on November 14, 2016 had a glitch when it was issued.  Specifically, when completing the form on a computer, numbers entered in the Social Security number field get transposed when the form is printed.  For example, the number 123-45-6789 appears as 123-34-6789 when the form is printed.

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Reminder: San Francisco 2016 Employer Reporting Deadline is May 1, 2017

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May 1, 2017

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Employers subject to San Francisco’s Health Care Security Ordinance and Fair Chance Ordinance must file the 2016 Employer Annual Reporting form by May 1, 2017 to satisfy their reporting requirements.  The Reporting form also includes a survey for compliance with San Francisco’s Paid Parental Leave for Bonding with New Child Ordinance.  Covered employers are subject to a $500 penalty per quarter for failure to submit the form.  The Reporting form can be obtained here.

California: Employment Decisions Based on Criminal History Will Soon Be More Challenging

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July 1, 2017

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California’s Fair Employment and Housing Council (“FEHC”) recently finalized new regulations that enhance current statewide “fair chance” hiring practices. The new regulations further limit employers’ ability to consider criminal history when making employment decisions, effective July 1, 2017.

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Ninth Circuit: Pervasive, Unwanted Hugs May Create Hostile Work Environment

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February 23, 2017

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A recent case, Zetwick v. County of Yolo, highlighted the importance of organizations conducting harassment prevention training. In Zetwick, Officer Victoria Zetwick complained that the sheriff of the department regularly greeted her and other female officers by hugging and sometimes kissing them on the cheek. He did not greet male employees in the same manner. Zetwick registered several complaints about the sheriff’s behavior, but her complaints were not acted upon.

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Ninth Circuit: Internal Whistleblowers Protected Under Dodd-Frank Act

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March 8, 2017

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In a recent case, the Ninth Circuit stated that the Dodd-Frank Act not only protects whistleblowers reporting to the U.S. Securities and Exchange Commission (“SEC”), but also protects whistleblowers who report misconduct internally to their employers.

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Arizona: AZ Supreme Court Upholds Phoenix Minimum Wage Increase Ordinance

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March 14, 2017

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Last November, residents of Phoenix, AZ voted on and approved Proposition 206, a minimum wage ordinance that raised the local wage from $8.05/hr. to $10/hr. effective January 1, 2017. The ordinance also provided for gradual yearly increases in 50-cent increments until the minimum wage reaches $12/hr by 2020, in addition to mandated paid sick leave.

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