All West Coast Employers Owning a Fast Food Franchise
EFFECTIVE
Immediately
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Investigators from the U.S. Department of Labor (DOL)’s Wage and Hour Division are sweeping fast food establishments on the west coast to ensure that proper minimum wage and overtime regulations are being observed. This investigation continues to focus on establishments located in California, Oregon and Washington.
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All Employers in Maine, Massachusetts, New Hampshire, Rhode Island
EFFECTIVE
February 12, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The U.S. Court of Appeals for the First Circuit recently ruled on a Massachusetts District Court case stating that an employer’s use of the fluctuating work week (FWW) method to calculate overtime, when factoring in a performance-based pay structure, does not violate the federal Fair Labor Standards Act (FLSA) or Massachusetts Minimum Fair Wage Law.
In late February, the California Dept. of Fair Employment and Housing (DFEH) issued formal guidance for employers on how businesses can comply with CA anti-discrimination laws, with specific regard to gender identity and gender expression.
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The U.S. Equal Employment Opportunity Commission (EEOC) recently implemented new nationwide procedures regulating when an employer’s EEOC position statement is released to a charging party during an investigation. Previously, the employer’s position statement was obtained and disclosed after the charge and closure of the case.
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California Private Employers with 5+ Employees;
All California Public Entity Employers
EFFECTIVE
April 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Earlier this month, the Fair Employment and Housing Act (“FEHA”) regulations were revised, changing, in part, the California Pregnancy Disability Leave notice that employers are required to post. Specifically, the change relates to the language required in the notice itself. Employers have the option to (1) post the revised notice specified in the regulations, unless it is inconsistent with the employer’s own policy, or (2) post a notice developed by the employer that is consistent with the regulatory requirements.
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On November 2, 2015, President Obama signed H.R. 1314, also known as the Bipartisan Budget Act of 2015, which contains a provision that would allow the Occupational Safety and Health Administration (“OSHA”) the ability to increase penalty fines as much as 82%. This provision allows OSHA a “catch-up adjustment” to compensate for over two decades of static fines. It has not yet been confirmed that OSHA will choose to increase penalties to the full 82% allowed; the provision simply grants OSHA the ability to do so, and does not actually require such action. However, increases are highly likely based upon previous commentary from OSHA leadership about the benefits of stiffer regulatory punishments. Initial penalty increases are mandated to become effective as of August 1, 2016; however, the new penalties can be assessed to violations occurring before the penalty increase.
This information applies to all employers nationwide, even those who do not have a typically hazardous work environment. Citations for violating seemingly minor safety regulations, especially repeat violations, could now cost almost double the previous maximum fine.
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All California Employers who Employ Piece-Rate Employees
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On October 10, 2015, Gov. Brown signed AB 1513 into law, adding Section 226.2 to the California Labor Code. This legislation is a response to prior court rulings related to required compensation for mandated breaks and other nonproductive time. Specifically, the bill sets forth minimum compensation requirements for rest and recovery periods and other nonproductive time for piece-rate workers, in addition to and separate from their established piece rates. Each type of compensation must also be documented on an employee’s paystub. Additionally, employers who have not been paying piece-workers for this additional time have the opportunity to resolve back claims without litigation. This statute will become effective on January 1, 2016, but will have retroactive repercussions for wages earned as of July 1, 2012.
This information applies to all companies who employ piece-rate workers in California. Examples of employees who are compensated as piece-rate workers include, but are not limited to, those who may do installation work, closing financial transactions when paid a flat rate, agricultural work, manufacturing work, logistics work when a piece rate applies to drivers’ deliveries, etc.
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