In Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court recently stated that employers must calculate overtime for a fluctuating work week (“FWW”) schedule based on state, rather than federal, overtime rules.
There, GNC followed federal rules and divided the employees’ weekly pay by the actual number of hours the employees worked in that week to determine the employees’ regular rate of pay. However, the court stated that Connecticut requires employers to divide weekly pay by the number of hours the employees usually work each week, rather than actual hours. In following the federal model, the GNC employees would always work over 40 actual hours per week when overtime is involved. Thus, the number of actual hours would be greater than the usual hours worked, and the resulting calculation for the regular rate of pay would always be lower than if the usual hours were used to calculate rates.
Connecticut employers with FWW schedules should review overtime calculation methods to ensure compliance with the recent ruling.
Washington: Healthy Start Act Requires Accommodation for Pregnant Employees, With or Without Disability
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of 15+ WA Employees
EFFECTIVE
January 1, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Washington State’s Healthy Starts Act (the “Act”) requires covered employers to provide pregnant employees with reasonable accommodations. In contrast to federal and other state anti-discrimination laws, some accommodations must be provided regardless of disability or medical certification, and regardless of whether such accommodations may cause the employer undue hardship.
The Act applies to employers of 15 or more Washington employees. Key provisions of the Act are summarized below.
November Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of AK, AZ, CA, GA, HI, ID, MT, NV, OR, WA Employees
EFFECTIVE
September 6, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.
Seventh Circuit: Additional Months of Leave after FMLA not a Reasonable Accommodation
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of IL, IN, WI Employees
EFFECTIVE
September 20, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Employers may already know that certain types of leaves of absence may qualify as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). However, the Seventh Circuit recently confirmed that an employee’s request to take additional months of leave after exhausting his FMLA allotment was not a reasonable accommodation under the ADA.
California: New Law Imposes Pay Data Reporting Requirements on Large Employers
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers of 500+ CA Employees
EFFECTIVE
July 1, 2019
QUESTIONS?
Contact HR On-Call
(888) 378-2456
UPDATE (10/23/17) – Although passed by the California State Legislature, this law was not signed by Governor Brown and therefore did not go into effect. Look for additional updates on this topic.
While the Trump Administration has indefinitely blocked implementation of the EEO-1 form section that would have required reporting employee pay data, California has gone a step further in requiring employers to report information about gender wage differentials. Effective July 1, 2019 and biennially thereafter, Labor Code Section 2810.6 will require employers of 500 or more CA employees to collect and report specific demographic and wage disparity information.
Connecticut: Overtime for a Fluctuating Work Week Schedule is Calculated Based on State Law
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with CT Employees
EFFECTIVE
August 17, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Williams v. General Nutrition Centers, Inc., the Connecticut Supreme Court recently stated that employers must calculate overtime for a fluctuating work week (“FWW”) schedule based on state, rather than federal, overtime rules.
There, GNC followed federal rules and divided the employees’ weekly pay by the actual number of hours the employees worked in that week to determine the employees’ regular rate of pay. However, the court stated that Connecticut requires employers to divide weekly pay by the number of hours the employees usually work each week, rather than actual hours. In following the federal model, the GNC employees would always work over 40 actual hours per week when overtime is involved. Thus, the number of actual hours would be greater than the usual hours worked, and the resulting calculation for the regular rate of pay would always be lower than if the usual hours were used to calculate rates.
Connecticut employers with FWW schedules should review overtime calculation methods to ensure compliance with the recent ruling.
Action Items
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.
© 2017 ManagEase, Incorporated.
Florida: Employees May Be Prohibited from Using Employer Referral Sources After Termination
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with FL Employees
EFFECTIVE
September 14, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Florida, non-compete agreements are used to protect an employer’s “legitimate business interests.” The Florida Supreme Court recently stated that referral sources may be considered a legitimate business interest. In both White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy, Inc. v. Hiles, the employers hired an individual whose job duties included soliciting health care providers for home health care service referrals. The employees were required to sign a non-compete agreement that restricted their ability to work for competitors for a year after termination; in both instances, the employers sued when their respective ex-employee went to work for a competitor after their termination.
The Florida Supreme Court identified the crux of both cases as determining whether or not the home health care service referrals qualified as a legitimate business interest. Ultimately, the court stated that the statute did not specifically preclude a referral source from being recognized as a legitimate business interest. However, the court cautioned that employers should not consider these cases as a ticket to consider all referral sources as a legitimate business interest. Instead, courts must analyze the facts of any similar case to determine how critical the referral source is to the business, the nature of the business, and the scope of business’s investment in developing referral relationships.
Action Items
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.
© 2017 ManagEase, Incorporated.
Rhode Island: Statewide Paid Sick Leave Begins July 1, 2018
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with 18 or More RI Employees
EFFECTIVE
July 1, 2018
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Rhode Island joins a small but slowly expanding number of states requiring employers to provide their workforce with paid sick leave (“PSL”). Effective July 1, 2018, the Health and Safe Families and Workplace Act (the “Act”) incorporates new time off, tracking, and documentation requirements for many Rhode Island employers.
October Updates
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Read more
DACA Employees May Be At Risk of Right to Work Status
/0 Comments/in HR Alerts /by ManagEaseAPPLIES TO
All Employers with DACA Employees
EFFECTIVE
September 5, 2017
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On September 5, 2017, the U.S. Attorney General announced that the Deferred Action for Childhood Arrivals (“DACA”) program will be phased out if Congress does not enact protections in the next six months for those who participated in DACA. Although initial requests are no longer permitted and renewal requests for participation will only be considered through October 5, 2017, existing DACA work authorizations will be honored until they expire. All DACA benefits are provided on a two-year basis, so the announcement will affect employees based on the expiration of their temporary work authorization. There are currently bills pending in both houses of Congress that address this issue, and the President has indicated he would revisit DACA if Congress is unsuccessful in addressing the matter.
Employers need to track employment authorization document (“EAD”) expirations to ensure compliance with federal work authorization requirements. The recently updated I-9 instructions state that employers are not permitted to employ anyone who cannot submit proof of right to work in the U.S. Therefore, employers should be prepared in the event an employee with a temporary work authorization is unable to revalidate their I-9 documents.
Action Items
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.
© 2017 ManagEase, Incorporated.