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NLRB Issues New Joint Employer Standard (Yet Again) (US)

By Will Kishman on Posted in Joint Employer, NLRB, Wages
On October 26, the National Labor Relations Board (NLRB or Board) once again changed its standard for when an organization constitutes a “joint employer” of another organization’s employees for purposes of the National Labor Relations Act (NLRA). This standard creates new risks and potential liability for employers in franchise relationships, as well as those who … Continue Reading

California Legislative Year-End Review: Preparing for 2024 (US)

By Karen Wentzel and Melissa Legault on Posted in California, Minimum Wage, Non-compete agreements, Paid Sick Leave, Time Off, Wages
On October 14, 2023, California’s active legislative year came to an end, leaving numerous employment law updates in its wake. This year, Governor Gavin Newsom has signed novel laws that create new rights for employees (and requirements for employers) while also amending some current laws, thereby changing existing employer obligations. Here, we summarize the laws … Continue Reading

A tip for your trouble – new rules for employers on treatment of gratuities and service charges (UK)

By David Whincup on Posted in Legislation, Recent Cases, Retaliation, Unfair dismissal, Wages, Whistleblowing
Employers in the hospitality, leisure and service sectors should be aware that the Employment (Allocation of Tips) Act 2023 has now completed the parliamentary process and will be coming into force at some point in 2024, most likely May.    This particular piece of legislation has been a long time coming – the suggestion was … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

By Daniel Pasternak and Laura Lawless on Posted in Accommodation, Americans with Disability Act, Annual Leave, Arizona, Benefits, California, Colorado, Compensation, Compliance, Contract of Employment, Coronavirus, COVID-19, Disability, Disability Discrimination, Discrimination, Employee Health/Welfare, Employment Contracts, Employment Law, Employment Policies, Fair Labor Standards Act, FMLA, GINA, Grievance, Harassment, Health, Health & Safety, Health & Welfare, Health & Wellbeing, Hours, Illinois, Leave, Legislation, Monitoring, News, NLRB, Ohio, OSHA, Paid Sick Leave, Pay, Policies, Policies, Privacy, Regulation, Religious Discrimination, Restrictive Covenants, Sex Discrimination, Sick Leave, State Law Updates, Terms of Employment, Texas, Unions, Vacation, Wage and Hour, Wages, Wages, WARN Act, Wellbeing, Workplace Safety & Health
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading

Department of Labor Says Employers Are Not Required to Pay Tipped Employees the Full Minimum Wage for Non-Tipped Activities (US)

By Laura Lawless and Melissa Legault on Posted in Agency, Compensation, Department of Labor, Employment Policies, Fair Labor Standards Act, Hours, News, Pay, Policies, Regulation, Wage and Hour, Wages, Wages
Under the Fair Labor Standards Act (“FLSA”), employers are required to pay non-exempt employees a minimum hourly wage of $7.25.  However, employers with “tipped employees” are able to pay such employees a cash wage of $2.13 per hour and take a “tip credit” toward their minimum wage obligation to make up the difference between the … Continue Reading
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