With much of the United States covered in ice and snow, many employers are questioning when they need to pay employees who are affected by weather-related disruptions. All throughout the United States employees have been late to work because they were stuck in the snow or their kids’ school was yet again delayed and businesses … Continue Reading
An easy, but forgettable, compliance action occurs every January for New York employers – pay rate acknowledgements for current employees. The New York Wage Theft Protection Act [pdf], which took effect on April 9, 2011, requires employers to have all employees in New York sign and date an acknowledgement of the employee’s wage rate by … Continue Reading
As of January 1, 2014, thirteen states will raise the minimum wage for workers. In Arizona ($7.90 per hour), Colorado [pdf] ($8.00 per hour), Connecticut [pdf] ($8.70 per hour), Florida ($7.93 per hour), Missouri ($7.50 per hour), Montana ($7.90 per hour), New Jersey ($8.25 per hour), New York ($8.00 per hour), Ohio ($7.95 per hour), Oregon … Continue Reading
As we reported earlier, last year, New York amended its wage deduction statute [pdf] and greatly expanded categories of permissible deductions from employees’ pay. In an earlier post, we discussed the regulations interpreting Labor Law Section 193 proposed by the New York Department of Labor. The New York Department of Labor has now adopted those … Continue Reading
Last year, New York amended its wage deduction statute and greatly expanded categories of permissible deductions from employees’ pay. In addition to statutory deductions and deductions for health and welfare plans which have traditionally been permissible, New York employers may now deduct wages for the benefit of the employee, including the following: insurance premiums and … Continue Reading
New York City recently passed legislation to join only a handful of cities in the United States to mandate paid sick leave for employees. New York City Council passed the Earned Sick Time Act overriding Mayor Bloomberg’s earlier veto. The Earned Sick Time Act requires that employers of at least 20 employees provide paid sick … Continue Reading
Yesterday, the United States Supreme Court had the opportunity to address a split in the circuits regarding whether or not a Rule 68 offer of judgment to a named plaintiff in a FLSA collective action mooted a potential collective action. In Genesis Healthcare Corp., et al. v. Symczyk [pdf], the Supreme Court held that because … Continue Reading
The New York Wage Theft Protection Act, which took effect on April 9, 2011, requires employers to have all employees in New York sign and date an acknowledgement of the employee’s wage rate by February 1 of each year. The written notice must include: Rate or rates of pay, including overtime rate of pay (if … Continue Reading
A person may not be required to disclose or furnish his or her Social Security Number (SSN) for any purpose under a new law effective December 12, 2012. The new law safeguarding SSNs applies to employers and other entities in New York. It adds new section 399-ddd to the General Business Law. Businesses must review their … Continue Reading
As of January 1, 2013, ten states will raise the minimum wage for workers. In Arizona [pdf] ($7.80 per hour), Colorado ($7.78 per hour), Florida ($7.79 per hour), Missouri ($7.35 per hour), Montana ($7.80 per hour), Ohio ($7.85 per hour), Oregon [pdf] ($8.95 per hour), Rhode Island ($7.75 per hour), Vermont ($8.60 per hour), and Washington … Continue Reading
The Sarbanes-Oxley Act [pdf] (“SOX”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) both include protections for employees who blow the whistle on corporate fraud. One question that remains unsettled is whether employees who are outside the United States can sue for retaliation if they are terminated in retaliation for reporting … Continue Reading
The Supreme Court of Ohio reconsidered and reversed in part its May 24, 2012 decision, Acordia of Ohio L.L.C. v. Fishel (Acordia I) [pdf], that a surviving company in a merger may not be able to enforce employees’ noncompete agreements if the agreements failed to contain an assignment clause. The Court issued a partial correction of … Continue Reading
Earlier this month, the Occupational Safety and Health Administration announced that it will begin offering early resolution and mediation instead of investigations in two OSHA regions to address complaints filed with the agency’s Whistleblower Protection Program. OSHA is charged with enforcing the whistleblower provisions in 22 separate statutes, including the Dodd-Frank Wall Street Reform and … Continue Reading
One part of the recently upheld Patient Protection and Affordable Care Act provides that employers must provide “a place, other than a bathroom, that is shielded from view and free from instruction from coworkers and the public” which may be used by an employee to express breast milk. The law also mandates that employers provide … Continue Reading
An often overlooked item for companies is their current employee noncompete agreements. Companies typically use standard wording and forms for years and do not look at updating the language in light of current best practices and changes in the law. It is important that companies review their noncompete agreements periodically – not just the standard … Continue Reading
On Friday, the U.S. Equal Employment Opportunity Commission (EEOC) announced a final rule which mandates that employers retain workplace records so that the agency is able to ensure compliance with the Genetic Information Nondiscrimination Act’s (GINA) prohibition of employment discrimination based on a worker’s genetic information. GINA prohibits the use of genetic information in making … Continue Reading
As of January 1, 2012, eight states raised the minimum wage for workers. In Arizona ($7.65 per hour), Colorado ($7.64 per hour), Florida [pdf] ($7.67 per hour), Montana ($7.65 per hour), Ohio ($7.70 per hour), Oregon [pdf] ($8.80 per hour), Vermont ($8.46 per hour), and Washington ($9.04 per hour), workers will see an increase. These states … Continue Reading
The U.S. Court of Appeals for the Fourth Circuit, in Richmond, Virginia, recently held that the anti-retaliation provision of the Fair Labor Standards Act [pdf] does not apply to an unsuccessful applicant for employment. In Dellinger v. Science Applications Int’l Corp., a job applicant claimed that a prospective employer extended her a job offer subject … Continue Reading
In a landmark victory for employers, in Wal-Mart Stores, Inc. v. Dukes [pdf] the United States Supreme Court threw out a sweeping sex-discrimination lawsuit against Wal-Mart Stores Inc., ruling Monday that the 1.6 million women allegedly victimized had too little in common to form a single class of plaintiffs. As Jess Bravin and Ann Zimmerman … Continue Reading
The United States Supreme Court issued a decision in AT&T Mobility v. Conception, that the Federal Arbitration Act (“FAA”) prohibits states from conditioning the enforceability of arbitration agreements on the availability of class arbitration. Prior to this ruling, many courts had refused to enforce employment and consumer arbitration agreements which waived class actions. This week’s … Continue Reading
The recent turmoil in the Middle East and North Africa has raised the question of what an employers obligations are to its employees in those countries. While the situation in Egypt remained relatively peaceful, Libya is rapidly becoming increasingly dangerous. What do employers do? Many multinational employers have already removed expatriate workers from these danger … Continue Reading
