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California Becomes More Expensive for Employers: Meal and Rest Break Premiums Now Track Overtime and Must be Paid at the Regular Rate of Pay, Retroactively (US)

Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading

US Federal Labor Viewpoints – Week of June 21, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 21, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of May 31, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

DOL Returns to the Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation, Rescinding Trump-Era Policy (US)

On April 9, 2021, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2021-2, which provides updated guidance to Wage and Hour Division (“WHD”) field staff regarding the practice of seeking liquidated damages in settlements in lieu of litigation. In so doing, the DOL rescinded a Trump-era policy aimed at reducing the imposition … Continue Reading

Sleepovers and the NMW, Part II – clarity at long last for the UK care sector

It was what seems an eternity ago in July 2018 that the Court of Appeal handed down its judgment in the combined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). A link to our blog post at that time is here.  Readers will … Continue Reading

Spring State Law Round-Up (CT, IL, OH, NY, PA, DC)

State legislatures have been busy in 2021 passing new employment-related laws. Here we look at some of the highlights of new laws in Connecticut, Illinois, Ohio, New York, Pennsylvania, and Washington, D.C. Connecticut is the latest state to prohibit discrimination based upon traits historically associated with race, including hair texture, protective hairstyles such as wigs … Continue Reading

Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine (US)

As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace.  However, … Continue Reading

Biden’s DOL Withdraws Trump-Era Opinion Letters Regarding “Gig Economy” Workers and Sleeping Truck Drivers (US)

On February 19, 2021, the US Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) withdrew two Trump-era opinion letters.  The first, FLSA2019-6, discussed whether a service provider for a virtual marketplace company (“VMC”) is an independent contractor or an employee subject to the Fair Labor Standards Act (“FLSA”). The second, FLSA2019-10, involved the compensability … Continue Reading

Fifth Circuit Issues Timely Reminder Regarding the Importance of Employers Maintaining Accurate Wage Records (US)

A recent decision from a federal appeals court highlights the perils for employers associated with lax recordkeeping of employee work hours and wage information. It is well-established that every employer covered by the Fair Labor Standards Act (“FLSA”) is required to keep certain records for each covered non-exempt worker (i.e., those that are paid on an hourly … Continue Reading

Belgium: paid time off takes pain out of employee vaccinations

In order to ensure that as many people as possible are vaccinated, the trade unions and the employers’ organisations in the National Labour Council have agreed that employees will be allowed to take the necessary time off to be vaccinated. If enough vaccines are available, at-risk patients will be vaccinated from April onwards and the … Continue Reading

Biden-Led Department Of Labor Pulls The Plug On Voluntary Wage And Hour Compliance Program (US)

In early 2018, we reported [see here and here] that the U.S. Department of Labor (DOL) had launched a pilot program to encourage employers to voluntarily report violations of the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. Employers who opted into the self-reporting pilot program, called the Payroll Audit Independent Determination (PAID) … Continue Reading

Dynamex is Retroactive Says the California Supreme Court  – The Independent Contractor Law Now Looks Back and Forward (US)

The range of employers who may be liable for the misclassification of workers just got bigger. On January 14, 2021, the California Supreme Court decided that the decision in  Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) applies retroactively to all non-final cases that predate the April 2018 Dynamex decision. Dynamex … Continue Reading

US Department of Labor Releases Final Rule Clarifying Standard for Independent Contractor Versus Employee Determination Under FLSA (US)

On January 6, 2021, the Department of Labor (“DOL”) announced a final rule clarifying the standard under the Fair Labor Standards Act (“FLSA”) for determining whether a worker is an independent contractor versus an employee. This distinction in critical under the FLSA, as employers must comply with its minimum wage and overtime requirements for employees, … Continue Reading

State Law Round-Up: Year End Edition – PART TWO (Illinois – Washington, D.C.) (US)

In Part One of our year-end State Law Roundup, we covered national minimum wage developments and developments in states at the beginning of the alphabet: California, Colorado, Connecticut, Georgia, and Hawaii.  In Part Two below, we look at developments in the rest of the states (and localities), from Illinois to Washington D.C. Illinois: Illinois employers … Continue Reading

State Law Round-Up: Year End Edition – PART ONE (California – Hawaii) (US)

As we (thankfully) reach the end of 2020, we wanted to provide a year-end update on recent and upcoming state law developments.  Despite the fact that state and local governments had their hands full with the COVID-19 pandemic (and passed many laws relating to that topic, which we will not cover here), they managed to … Continue Reading

Planning Ahead for the End (For Now) of the Families First Coronavirus Response Act (US)

Throughout 2020, we have provided updates on the adoption of the Families First Coronavirus Response Act (FFCRA), its implementing regulations, and its amended regulations. In these updates, we have noted that the FFCRA – which provides emergency paid sick leave and paid emergency family leave for certain COVID-19-related reasons to public sector employees and employees … Continue Reading

WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

Post-lockdown flexible working, Part 6 – when childcare goes bad (UK)

Time to answer another interesting question which came up at our Managing Working Parents webinar a couple of weeks ago: Where the employee is unable to come into work for childcare reasons, what are my duties to provide him with work suitable to be done from home?  This was a question which we might have … Continue Reading

Voting Leave: What US Employers Need To Know As Election Day 2020 Approaches

With Election Day just a few weeks away, it’s an appropriate time to refresh our understanding of state voting leave laws and the obligations imposed on private sector employers by those laws. Although absentee voting by mail and universal mail voting have become more common since the last presidential election in 2016, many voters undoubtedly … Continue Reading

Empire State Alert:  New York State Sick Leave Is Finally Here (US)

As we reported here, among the sweeping pieces of legislation signed during the early periods of the COVID-19 pandemic was the passage of New York’s permanent statewide sick leave law.  Under the New York statewide sick leave law, all employers in New York State are required to provide sick leave.  The law takes effect on … Continue Reading

US Department of Labor Proposes New (and Relaxed) Independent Contractor Test (US)

On September 22, 2020, the US Department of Labor (DOL) issued proposed regulations aimed at codifying the classification of independent contractors under federal wage and hour law. If adopted—and the DOL has indicated it plans to fast-track the rulemaking process in order to issue final regulations by January 2021—the rule change would significantly relax the … Continue Reading

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA … Continue Reading
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