Ninth Circuit: The Federal Railway Labor Act Does Not Necessarily Preempt State Leave Laws

/0 Comments/in /by

APPLIES TO

All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

August 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Alaska Airlines v. Shurke, the Ninth Circuit stated that because an employee’s state law claim did not arise entirely from or require interpretation of the employee’s collective bargaining agreement (CBA), the employee’s Washington Family Care Act (WFCA) claim was not preempted.

Read more

Eleventh Circuit: Joint Employer Standard Clarified Under the FLSA and Common Law

/0 Comments/in /by

APPLIES TO

All Employers with AL, FL, and GA Employees

EFFECTIVE

August 2, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Garcia-Celestino v. Ruiz Harvesting, Inc., the Eleventh Circuit distinguished the joint employer standard under the Fair Labor Standards Act (FLSA) and common law. Each standard turns on the applicable definition of “employee” and “control,” but are not the same. There, migrant workers under the H-2A visa program filed suit against their employer and a citrus grove owner for minimum wage violations under the FLSA and for breach of their contract, which was based on federal immigration statutes and regulations. The court looked at whether or not the citrus grove owner was a joint employer.

Read more

California: New Guidance Regarding the Fair Pay Act and Salary History Inquiry Ban

/0 Comments/in /by

APPLIES TO

All Employers with CA Employees

EFFECTIVE

January 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

AB 2282, the Fair Pay Act Bill, takes effect on January 1, 2019 and clarifies California’s Fair Pay Act and salary history inquiry ban. Under California’s salary history ban, employers are prohibited from taking salary history into account when setting pay rates and are required to provide applicants with a pay scale for the position being applied to upon receipt of reasonable request. The new Bill makes clear that:

Read more

Washington, D.C.: ADA Accommodations May Be Required to Alleviate Pain While Working

/0 Comments/in /by

APPLIES TO

All Employers with Washington, D.C. Employees

EFFECTIVE

August 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Hill v. Associates for Renewal in Education, Inc., the D.C. Circuit Court stated that although an ADA accommodation may not be necessary for an employee to perform his job, it may be required to alleviate an employee’s pain while working. There, a teacher with a leg prosthesis and leg injury requested an accommodation for pain that occurs when walking up stairs to his classroom and standing for long periods. Initially, the request was accommodated, but later the employer withdrew the accommodations. The teacher subsequently filed a claim alleging disability discrimination and a hostile working environment based on the denial for an accommodation.

Read more

Delaware: New Sexual Harassment Protections and Training Requirements

/0 Comments/in /by

APPLIES TO

Employers with 4 or more DE Employees

EFFECTIVE

January 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Carney recently signed HB 360 implementing new sexual harassment protections and employee training requirements.

Who does the bill apply to? The bill applies to employers with 4 or more employees. It also applies to state employees, unpaid interns, applicants, joint employees, and apprentices.

What does the bill prohibit? The bill prohibits sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) it is explicitly or implicitly a term or condition of employment, (2) submission or rejection of such conduct is used as a basis for employment decisions, or (3) it has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

Read more

Illinois: New Accommodations for Lactating Mothers

/0 Comments/in /by

APPLIES TO

Employers with 5 or more IL Employees

EFFECTIVE

August 21, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Rauner recently signed HB 1595 revising employer requirements for accommodating lactating mothers. Specifically, employers must now provide “reasonable break time” each time an employee needs to expresses milk for up to one year after the child’s birth, unless doing so would create an “undue hardship” on the employer. Employers have the burden to prove an undue hardship based on the nature and cost of the accommodation, overall financial resources of the facility and employer, and type of operation of the employer. Further, the employee’s break time “may” run concurrently with break time already provided, but is not required to.

Read more

Massachusetts: Significant New Limitations on Noncompete Agreements

/0 Comments/in /by

APPLIES TO

All Employers with MA Employees

EFFECTIVE

October 1, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Baker recently signed “An Act Relative to Economic Development in the Commonwealth” that significantly changes the way Massachusetts employers may use noncompete agreements. The following are key changes to be aware of.

Read more

San Antonio, TX: Paid Sick Leave is On the Way – Maybe

/0 Comments/in /by

APPLIES TO

All Employers of 5 or more San Antonio Employees

EFFECTIVE

August 1, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On August 16, 2018, a citizen-driven petition pushed the San Antonio City Council to vote and approve mandatory paid sick leave.  Like Austin, San Antonio’s paid sick leave ordinance will require employers of five or more employees to begin providing paid time off next year, with a staggered effective date for smaller size employers. However, also like Austin, the San Antonio paid sick leave (PSL) ordinance may not go into effect if the Texas legislature passes a state preemption law prohibiting localities from issuing their own PSL laws. Look for updates in 2019. In the meantime, key provisions from the San Antonio paid sick leave (PSL) ordinance include:

Read more

September Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This Short List addresses the following topics:
  1. The DOL Created a New Department to Support Employer Compliance
  2. OFCCP Staff Must Account for Federal Contractors’ Religious Freedoms
  3. Federal Contractor Minimum Wage Increase for 2019
  4. Sixth Circuit: FLSA Does Not Invalidate Arbitration Agreements
  5. Eighth Circuit: USERRA Still Protects Employees Who Don’t Have Guaranteed Working Hours
  6. Ninth Circuit: Employers Can Prohibit Future Employment With Their Company
  7. California: Update to EDD Workplace Posting DE 1857A
  8. Massachusetts: Railway Unemployment Insurance Act Preempts Statewide Sick Leave
  9. New Jersey: New Bill Expands Ability to Claim Unemployment Insurance Benefits
  10. New Jersey: State and Federal Authorities Pledge Stronger Enforcement Against Misclassification
  11. New York City, NY: Anti-Sexual Harassment Poster and Fact Sheet Now Available
  12. South Carolina: Pregnancy Accommodations Poster Now Available
  13. Austin, Texas: The City’s Paid Sick Leave is On Hold – For Now
  14. Seattle, WA: New Employer Obligations for Domestic Workers

Read more

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

/0 Comments/in /by

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 of Labor Standards Enforcement stated that employers do not have to pay employees for small amounts of time irregularly worked off-the-clock, where the administrative burden in recording such time is impractical or unreasonable. This de minimis time covers brief pre-shift or post-shift tasks, such as when turning on a computer or locking up. However, California employers may not be able to rely on the de minimis doctrine any longer.

Read more