Just before Christmas, somewhat lost perhaps amidst the Plan B vs the did-he, didn’t-he Christmas Party merry-go-round, the government released the latest list of employers being “named and shamed” for failing to pay the minimum wage. As you may recall, although the naming and shaming scheme has been around since 2011, it was paused in … Continue Reading
The Chancellor has announced that the rate of the National Living Wage will increase to £8.91, with corresponding increases to all the underlying national minimum wage rates, from April 2021. Importantly, the NLW (a higher rate than the NMW) will also now apply for those aged 23 and above (previously it was for 25 and … Continue Reading
At the start of the Coronavirus Job Retention Scheme (CJRS) I wrote that if the Government’s political legacy through the pandemic were to have any chance of surviving intact in the eyes of employers, the Scheme would have to be above all clear and easy for employers to use. Even though parts of the guidance … Continue Reading
It is very hard to criticise the conception of the Coronavirus Job Retention Scheme, but it is unfortunately becoming increasingly easy to take objection to the manner of its implementation. HMRC Chief Executive Jim Harra told the BBC last week that in the preparation of the Scheme, “time, in some senses, has been the enemy … Continue Reading
Flowers –v- East of England Ambulance Services NHS Trust this month concerned a claim by a number of workers in the Trust ambulance service that their holiday pay should include an allowance in respect of overtime, both non-guaranteed and voluntary. For these purposes, voluntary overtime was work which the employee was under no obligation to … Continue Reading
Group of 10 reaches agreement on employment conditions In the very early morning of 26 February, the Belgian social partners in the so-called Group of 10 (the main representatives of employers’ federations and trade unions) reached the bones of an agreement on employment conditions for 2019-2020. In this draft agreement, the margin for increases in … Continue Reading
On Wednesday, September 28, 2016, the U.S. House of Representatives passed the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act [pdf], by a vote of 246 to 177. The Act would delay implementation of the Department of Labor’s Final Rule modernizing the Fair Labor Standards Act’s white‑collar exemptions from December 1, 2016 to June 1, 2017. … Continue Reading
Since it was launched back in 2009, Uber Technologies, Inc. has been in the national spotlight for developing and implementing its revolutionary “ridesharing” mobile application. Uber continues to appear in headlines for a multitude of reasons, many of which are desirable, and at least one of which is not: getting sued by its workforce. Despite … Continue Reading
A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading
“[M]ost workers are employees under the [Fair Labor Standards Act’s] broad definitions.” The debate over classification of workers as employees versus independent contractors has yet another chapter. Last month, it was the California Labor Commissioner who sent ripples across the rideshare industry by telling Uber Technologies, Inc. that its drivers are employees, not independent contractors. … Continue Reading
California employers, take note. Emergency legislation amending and clarifying certain provisions of the recently-effective Healthy Workplaces, Healthy Families Act was signed into law Monday (July 13) by Governor Brown, and went into effect immediately. Among other changes, AB 304 amends the Act as follows: Regarding accrual of sick leave: Provides that an employer may use … Continue Reading
Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading
Agency says drivers are employees, not independent contractors In a move that could potentially disrupt a burgeoning industry, a hearing officer for the California Labor Commissioner decided earlier this month that a former Uber driver is an employee under California law, not – as Uber contends – an independent contractor. (For those not familiar with … Continue Reading
Do you have employees in Massachusetts, Oregon, Los Angeles or Emeryville, California? Read on and get ready. Last week, the Oregon legislature passed a paid sick leave bill that is expected to be signed into law by Governor Kate Brown. The law would require employers with employees in Oregon to provide up to 40 hours … Continue Reading
The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft). We, as consumers, now have instant access to goods and services we didn’t even know we needed. This new boom has even earned its own … Continue Reading
On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading
On February 27, 2015, amendments to New York’s Labor Law, including the Wage Theft Prevention Act go into effect. On December 29, 2014, Governor Cuomo signed into law a bill (S5885-B, A8106-C) amending the labor law to eliminate the burdensome requirement on employers to have employees sign annual wage notices every January. However, the bill … Continue Reading
As of January 1, 2015, twenty-one states, two counties and five cities have raised the minimum wage for workers. Workers will see an increase in Albuquerque, NM ($8.75 per hour), Arizona ($8.05 per hour), Arkansas ($7.50 per hour), Richmond, CA ($9.60 per hour), San Francisco, CA ($11.05 per hour – increasing to $12.25 on May … Continue Reading
On November 12, 2014, the Ninth Circuit addressed an issue of first impression regarding the pleading specificity required to bring an action for unpaid minimum wages and overtime wages under the Fair Labor Standards Act (“FLSA”) in Landers v. Quality Communications, Inc. [pdf] This opinion is important because many employers served with FLSA collective actions … Continue Reading
Proposition J passed in San Francisco earlier this month approving a minimum wage increase to $11.05/hour effective January 1, 2015. On May 1, it will increase again to $12.25/hour. San Francisco employers should plan to update payroll systems and paystubs to reflect this change in hourly and overtime rates for any employees impacted by this … Continue Reading
Paid Sick Leave Laws Sweeping the Nation At the polls last week, Massachusetts, Oakland, California, and Montclair and Trenton, New Jersey voters approved measures instituting minimum paid sick leave requirements for workers. Montclair and Trenton are the 7th and 8th cities in New Jersey to require paid sick leave for workers in their cities in … Continue Reading
As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and collective action waivers in arbitration agreements, including those that waive employees’ right to bring a claim under the federal Fair Labor Standards Act (FLSA) … Continue Reading
As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’ … Continue Reading
In a move that could have a long lasting impacts on employers large and small, President Barack Obama announced today that he intends to ask the Secretary of Labor to expand the number of employees who would be guaranteed protection by overtime protections contained in the Fair Labor Standards Act (FLSA). It is expected that … Continue Reading
