Posts

Third Circuit: Third Party Bonuses May Be Factored into the Regular Rate

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August 20, 2019

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In Department of Labor v. Bristol Excavating, Inc., the Third Circuit Court of Appeal stated that third-party bonuses may be required to be factored in the regular hourly rate for purposes of calculating overtime. The court said that the determinative factor is the agreement of “remuneration for employment” between the employer and employee, which must be reviewed on a case-by-case basis.

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Third Circuit: FAAAA Does Not Preempt State Independent Contractor Laws

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January 29, 2019

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In Bedoya v. American Eagle Express Inc., the Third Circuit Court of Appeal stated that the Federal Aviation Authorization Administration Act of 1994 (FAAAA) does not preempt New Jersey’s wage and hour laws, permitting delivery drivers to continue with a suit under state wage and hour laws for improper classification as independent contractors.

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Can Applicants Sue Over the Pre-Adverse Action Notice Requirement?

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All Employers with Employees in AR, DE, IA, MN, MO, NE, ND, NJ, PA, SD

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September 6, 2018 and September 10, 2018

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Several Court of Appeal cases have come down recently on whether or not an applicant can sue an employer for failing to provide a pre-adverse action notice as required under the Fair Credit Reporting Act (FCRA). There is a split in the courts between the Ninth Circuit (applicants cannot sue) and Seventh Circuit (applicants can sue). More recently, the Third Circuit issued its own ruling.

Delaware: New Sexual Harassment Protections and Training Requirements

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Employers with 4 or more DE Employees

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January 1, 2019

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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.

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

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All Employers with DE, NJ, and PA Employees

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July 3, 2018

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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 supervisor made unwanted sexual advances towards her and other women for years.  The supervisor was reprimanded for incidents involving other women, but no further action was taken against him.  In this case, the employee did not report her supervisor’s conduct for fear of losing her job.  The County later terminated the supervisor after discovering the persistent harassment of the employee. Subsequently, the employee sued.

August Updates

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This Short List addresses the following topics:
  1. Coming Soon: Visa Denial or Expiration Will Mean Deportation for Foreign Nationals
  2. New Guidance for Determining Whether Registries are Employers of Nurses and Caregivers
  3. Ninth Circuit: No Meal Period Violations if Employees Volunteer to Stay Onsite for Discounted Meals
  4. California: Court States Neutral 15-Minute Rounding Policies Lawful
  5. California: New Law Protects Members of the Armed Forces While in Uniform
  6. California: New Safety Information for Housekeeping Employees
  7. Delaware: New Minimum Wage Increases and Exceptions
  8. New York, NY: New Mandatory Posting and Guidance Issued for Fair Workweek Law
  9. Pennsylvania: Minimum Wage for State Employees Increases to $12/Hour
  10. South Carolina: Required Pregnancy Accommodations Act Poster is Now Available

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