Exempt Employees: What Deductions Are Permitted, Prohibited? The Federal Fair Labor Standards Act (“FLSA”) requires employers to pay most employees overtime pay for all hours worked in excess of 40 in a workweek (some states require overtime in additional situations). The FLSA allows for exemptions from the overtime requirement for...
BANKRUPTCY DOES NOT PROTECT EMPLOYERS FROM WARN ACT EMPLOYEE LAYOFF NOTICE REQUIREMENTS When operating companies file bankruptcy, it often precipitates employee layoffs. Employers should know about the notice obligations (we’ve posted about them before – or just call us). As a recap, the federal WARN Act requires employers to notify...
EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER The U.S. Equal Employment Opportunity Commission (“EEOC”) has released an updated poster (“Know Your Rights”) that federal nondiscrimination laws require employers to display. Covered employers with 15 or more employees must post the new version as soon as possible. Employers covered by federal...
DOL Issues Long Awaited Proposed Rule on Independent Contractors The misclassification of employees as independent contractors is one of the most serious problems facing affected employees, employers, and the U.S. economy. The U.S. Department of Labor (“DOL”) has issued a proposed rule to clarify who is an independent contractor under...
Your Employee Has a Side Job An estimated 57 million Americans are pursuing side jobs and that number is growing. Employees have a right to do what they want when not working, however, side jobs are a stressful and controversial issue for employers. Working a second job may be just...
NEW PAY TRANSPARENCY LAW There is another new law in California effective January 1, 2023 – the wage transparency law under Labor Code 432.3, which requires employers of 15 or more employees to include the pay scale in job postings, and for all employers to provide this information upon request....
Cannabis in the Workplace Effect January 1, 2024, California employers cannot “discriminate” against employees based on the employee’s use of cannabis off-the-clock and away from the workplace. While off-duty use of cannabis is legally protected, the new law does allow employers to fire or suspend workers for possessing, using, or...
IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS? YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM Scenario: an employer settles claims by an employee. The...
INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees. The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...
EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them. Background checks are governed by The Fair Credit Reporting...