Posts

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

Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

/0 Comments/in /by

APPLIES 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.

Read more

Eighth Circuit: Appeals Court Clarifies When Employees Forfeit NLRA Protections Based on Disloyal and Disparaging Activities

/0 Comments/in /by

APPLIES TO

All Employers with AR, IA, MN, MO, NE, ND, SD Employees

EFFECTIVE

July 3, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In MikLin Enterprises, Inc., v. NLRB, the Eighth Circuit Court of Appeal reversed, in part, a National Labor Relations Board (“NLRB”) ruling, stating that certain employee activity was disloyal, reckless, and maliciously untrue, losing union-related protection under the National Labor Relations Act (“NLRA”).

Read more

Eighth Circuit: Overtime Eligibility for Van Drivers Determined by Present Configuration of Vehicle, Not Original Manufacture

/0 Comments/in /by

APPLIES TO

All Employers with AR, IO, MN, MO, NE,
ND, and SD Employees who operate vehicles

EFFECTIVE

May 10, 2017

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In LaCurtis v. Express Medical Transporters, Inc., the Eighth Circuit determined that the present design and configuration of a vehicle, rather than its original manufacture capacity, determines the vehicle driver’s eligibility for overtime pay through the Motor Carrier Act exemption of the Fair Labor Standards Act.

Read more