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Paid Family Leave On the Rise – California and New York State Both Set to Expand Benefits Starting January 1, 2018

Come January 1, 2018, employees in California and New York will enjoy new and expanded rights to time off work, with pay, to attend to certain family needs.  New York, whose law was enacted in 2016 (see our prior post here), boasts its law as being the nation’s “strongest and most comprehensive” on paid family … Continue Reading

Class Action Waivers: Two More Fifth Circuit Opinions Favor Waivers Over NLRB Challenges

In early August, the United States Court of Appeals for the Fifth Circuit issued two decisions regarding class and collective action waivers.  Like its earlier decisions in D.R. Horton, Inc. and Murphy Oil USA, Inc., both decisions supported employers’ use of waivers to eliminate group lawsuits against them in employment cases.  The two new cases, … Continue Reading

Attention Kmart Shoppers! Oregon Passes Law Regulating Retail Worker Scheduling Practices

Oregon is the first state to mandate that the state’s largest employers in the retail industry, as well as in the hospitality and food service industries – those with more than 500 workers  – provide employees with their schedules, in writing, at least a week ahead of time.  They’ll also have to give workers a … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

Let’s face it – tattoos at work not always welcome

Readers with long memories may remember my blog from a year ago regarding potentially offensive tattoos in the workplace. http://www.employmentlawworldview.com/offensive-tattoos-in-the-uk-workplace-come-on-be-reasonable/ That blog focused on the scenario where an employee bears a tattoo which offends another employee in the workplace, but what about a tattoo that you as employer feel is plainly inappropriate for the working … Continue Reading

Inching Closer to the Effective Date of the FLSA Overtime Changes!

On March 15, 2016, the U.S. Department of Labor (“DOL”) sent the White House’s Office of Management and Budget (“OMB”) its final rule expanding the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement. If you haven’t already heard, this rule will raise the threshold required to qualify for the FLSA’s “white collar” exemption to an … Continue Reading

On-Call Under Attack: Another Lawsuit Filed Claiming “On-Call” Shifts Are Unlawful

Hollister Co. is ringing in the new year with a new lawsuit. On January 7, 2016, Hollister was slapped with a class action lawsuit alleging the retailer failed to properly compensate employees for scheduled “on-call” shifts.  This litigation links Hollister with an increasing number of employers facing similar lawsuits, including well-known brands such as Forever21, BCBG … Continue Reading

There Really Is Such a Thing as a Free Lunch (for Employers), Says Third Circuit Court of Appeals

On November 24, 2015, the U.S. Court of Appeals for the Third Circuit (which hears appeals from federal district courts in Delaware, New Jersey, and Pennsylvania) issued a precedential opinion addressing when and whether an employer must pay an employee for meal periods. The case was filed by a group of corrections officers at a prison in … Continue Reading

How do you like them Apples?  Apple, Inc. wins dismissal of class action brought by its employees at retail stores in California

“iPhone.”  “Technological innovation.”  “Jobs.”  These are the words that come to mind when you think of technology giant Apple, Inc.  You can now add “employee theft screening” to this list.  On November 7, the Honorable William Alsup of the United States District Court for the Northern District of California issued an order granting Apple’s Motion … Continue Reading

California’s Minimum Wage Increase and Expansion of Paid Family Leave Rights Take Effect Today July 1, 2014

Today is the day that the California Minimum Wage increases from $8 per hour to $9 per hour.  In addition, because of this change the minimum monthly salary for employees in exempt executive, administrative and professional positions increases from $2,773.33 per month ($33,280 annually) to $3,120 per month ($37,440 annually).  Check with your payroll folks … Continue Reading

Contradictory Acas guidance mars introduction of new UK flexible working regime

Braced for Monday?  D-Day on the new Flexible Working rules has finally arrived, and with it, some new questions for employers.   Whether or not you expect waves of new flexible working applicants storming up your company’s beaches first thing on Monday morning may depend on the nature of your business. A CIPD survey in 2012 … Continue Reading

US soldiers fall out over hair rules

As an aficionado of blonde highlights with a side line in curling and straightening my own coiffure from time to time I was slightly sorry to see the new US Army regulations on personal appearance.  For those not in the loop, the US Army has recently updated its grooming rules, and in doing so has … Continue Reading

How to stub out the problems with e-cigarettes

A reported 1.3m people in the UK currently use e-cigarettes. Also known as “personal vaporisers”, which sounds like something straight out of Start Trek and not something you would want to tell the chap at Airport Security you had in your pocket, these give users the nicotine hit that they crave, apparently without exposing them … Continue Reading

Porn again – professor sacked for beaming porn on white board during lesson

While it is not beyond belief that students with tablets and smart phones might surreptitiously occupy their minds elsewhere during a lecture, this year’s Employmentlawworldview Oscar for Best Multitasking must surely go to the Swiss professor dismissed last week for watching porn while giving a lecture.  What poise, what practice, what confidence that must take, … Continue Reading

And the Beat Goes On: You’ve Still Not Heard the Last of Brinker (U.S. – California)

In April 2012, we covered the California Supreme Court’s long-awaited clarification on state law regarding when and how meal and rest periods must be provided to non-exempt employees.  Of note, employers must “provide” California employees with required meal breaks—meaning it need not police employees or force them to take meal breaks—after no more than five … Continue Reading

US New York Wage Deduction Regulations Take Effect

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

Paid Sick Leave Coming to New York City

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
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