U.S Court of Appeals Back East Says PTO is NOT Salary In the case of Higgins v Bayada Home Health, the Third Circuit Court of Appeals, a federal court covering Delaware, New Jersey, Eastern/Middle and Eastern Pennsylvania, says paid time off (“PTO”) is not salary for purposes of the Fair...
New Relaxed Covid Isolation Requirements The California Department of Public Health (“CDPH”) revised the COVID guidelines to match the federal Centers for Disease Control and Prevention (“CDC”) recommendations for Isolation and Precautions for People with COVID-19: •Employees can leave isolation after five days if they are feeling well,...
Highly Compensated Employees Paid Daily Are Entitled To Overtime Breaking News: The Supreme Court ruled today that highly compensated employees are eligible for overtime pay. The Supreme Court ruled in the case of Helix Energy Solutions Group v. Hewitt that because a former employee was paid on a daily basis...
Employers Must Pay Mileage Effective January 1, 2023, the IRS standard mileage reimbursement rate for cars, vans, pickups or panel trucks increased as follows: •65.5 cents per mile driven for business use (up three cents from the 2022 mid-year increase); •22 cents per mile driven for...
Federal Ban on Non-Compete Agreements Coming On January 5, 2023, the Federal Trade Commission proposed a RULE that would essentially ban all employee non-competes, such as restrictive covenants that contractually prohibit an employee from competing against a former employer. The FTC explained that “non-competes constitute an unfair method of competition and...
JOB POSTINGS – PAYSCALE DISCLOSURE Epps & Coulson, LLP previously updated California employers (for 15 or more employees) of the requirement to include pay scale information in job postings. That law went into effect on January 1, 2023. The law did not state whether the pay scale should include expected...
ARBITRATION CLAUSES – ARE THEY ENFORCEABLE? Business owners, employers, vendors, all of us often use or are confronted with an arbitration clause in agreements. Busy judges typically enforce the provision and send disputing parties to arbitration, instead of the courts. But what if an arbitration provision is added to an...
EMPLOYERS 2023 - Are You Prepared? Epps & Coulson, LLP wishes all of our clients a Happy, Healthy and Prosperous New Year 2023. California enacted new laws that affect employers. We already updated you on the Minimum Wage increase [article], which increased it to $15.50/hour (or more, depending on local...
PART 2: Employer Internal Investigations An employer can be held liable for sexual harassment by a supervisor unless the employer can prove that it exercised care to prevent harassment and took steps to investigate complaints. Once reported, an internal investigation can make or break the employer’s defenses for litigation. In...
Employer Internal Investigations – Are They Confidential? Many employers get a complaint about an employee or some wrongful conduct and immediately launch into an investigation. Even more, when investigating, the employer often confirms to other employees that what the employee or witness says will be kept confidential. But, will it?...