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July Updates

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This Short List addresses the following topics:
  1. California: Janitorial Employers Must Register with Labor Commissioner
  2. New Hampshire Adds Gender Identity as a Protected Category
  3. North Carolina Increases Hiring Opportunities for Individuals with a Criminal History
  4. Texas: 5th Circuit Requires Employer Signature on Mutual Arbitration Agreements
  5. Vermont Issues New Guidance on Marijuana in the Workplace
  6. Washington, D.C. Approves Increased Minimum Wage for Tipped Workers
  7. Washington Governor Fights SCOTUS Arbitration Class Action Waiver Ruling

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Fifth Circuit: Clarification on Small Vehicle Exception to the Motor Carrier Act Overtime Exemption

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May 16, 2018

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In Carley v. Crest Pumping Technologies, LLC, the Fifth Circuit recently clarified ambiguities in the small vehicle exception to the Motor Carrier Act (MCA) overtime exemption. Generally, the overtime requirements under the Fair Labor Standards Act (FLSA) do not apply to employees covered by the MCA, except for employees who operate vehicles weighing 10,000 lbs. or less under certain conditions (“small vehicle exception”).

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Austin, TX: Paid Sick Leave Begins October 1, 2018, Barring Opposition from the Legislature

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October 1, 2018

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On February 16, 2018, the Austin City Council voted to approve mandatory paid sick leave.  The ordinance is pending the mayor’s signature, and will require employers to provide protected time off in line with states like California, Oregon, or recently, Rhode Island—assuming Texas lawmakers do not nip the ordinance in the bud.  State Representative Paul Workman and State Senator Donna Campbell have expressed opposition to the ordinance and publicly promised to overturn it. Below, we highlight key provisions from the draft paid sick leave (“PSL”) ordinance.

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October Updates

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This Short List addresses the following topics:
  1. U.S Federal Contractor Updates
  2. Alabama: City of Birmingham Approves Nondiscrimination Ordinance
  3. California: Cal/OSHA Says Federal OSHA Reporting Requirements do not Apply to CA Employers
  4. Illinois: Amendments to the Illinois Human Rights Act Codify Religious Garb Protections
  5. Kentucky: Supreme Court Permits Wage and Hour Class Actions
  6. New York: 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods
  7. Texas: New Leave Protection for Foster Parents and Preference for Veterans in Employment
  8. Wisconsin: Court of Appeals Upholds “Right to Work” Law

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Fifth Circuit: Mandatory Class Action Waivers Do Not Violate the NLRA

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August 7, 2017

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In a recent decision, the Fifth Circuit reaffirmed its positions that mandatory class action waivers do not violate Section 7 of the National Labor Relations Act (“NLRA”). In Convergys Corp. v. NLRB, the Fifth Circuit stated that an employee’s right to a collective action is procedural, not substantive, and signing a waiver therefore did not violate any substantive rights under the NLRA.

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September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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Texas: New Bill Amends Trade Secrets Statute, Aligning with the Defend Trade Secrets Act

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September 1, 2017

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House Bill 1995 amends the Texas Uniform Trade Secrets Act (“TUTSA”), bringing it into closer alignment with the federal Defend Trade Secrets Act (“DTSA”).  The bill eliminates discrepancies between the TUTSA and DTSA’s definition of “trade secrets,” adds definitions for an “owner” of a trade secret, defines “willful and malicious appropriation” and “clear and convincing evidence” for the purpose of establishing willful and malicious appropriation, and further emphasizes what measures an organization must make in order to qualify information as a trade secret.

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July Updates

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This Short List addresses the following topics:
  1. USCIS Updates: L-1B Visas, H-1B Cap Exemptions, and Visa Program Fraud and Abuse
  2. California: Workers Are Entitled to Wage & Hour Protections, Regardless of Work or Immigration Status
  3. California: Poster Requirements for Barbers and Cosmetology License Holders
  4. California: New Notice Employers are Required to Provide at Hire
  5. Louisiana: Court Rejects Whistleblower Complaint from Independent Contractor
  6. Missouri: Recent Changes Made to State Anti-Discrimination Statutes
  7. Texas: Texting While Driving Banned
  8. New York City: New Rules Issued to Clarify Freelance Isn’t Free Act

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Fifth Circuit Affirms Employers Cannot Withhold Optional Expenses from Credit Card Tips

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June 14, 2016

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Generally in the Fifth Circuit, employers can pay employees, who earn tips, less than the minimum wage as long as the employee receives enough in tips to make up the difference.  If not, the employer must make up the difference to ensure the minimum wage is met.  Though the rule seems simple, the complexity of tip credits—including situations such as when tips are shared—can get employers in trouble.  The Fifth Circuit recently highlighted another danger zone, stating that employers cannot hold back portions of credit card tips to pay for optional expenses.

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May Updates

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This HR Alert addresses the following topics:
  1. USCIS Says to Keep Using Expired I-9 Form
  2. Phishing Scam Targets HR/Payroll Processes
  3. Austin, Texas Passes “Ban the Box” Ordinance
  4. California Paid Family Leave Benefit Amount Increases
  5. Philadelphia “Ban-the-Box” Poster Published
  6. Seattle, Washington Guidance on Amendments to Labor Standards Ordinances and Compliance Date

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