News

Employers Must Pay Employees for Deminimus Startup Time

Employers Must Pay Employees for Deminimus Startup Time Booting up work computers takes time.  The call center representative employees (CCRs) at Nelnet Diversified Solutions LLC (“Nelnet”) had to clock in after their computers were up and running and software was launched, but they were not being paid for that time....

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Another First Amendment Ruling in Employment Law

Another First Amendment Ruling in Employment Law The case is American Society of Journalists and Authors Inc. v. Bonta, 9th Cir., No. 20-55734 (Oct. 6, 2021), petition for rehearing en banc denied (Nov. 23, 2021).  California's "ABC test" for classifying workers as employees or independent contractors, does not violate the...

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Employers Beware Productivity Quotas and Monitoring Can Cause New Claims

Employers Beware Productivity Quotas and Monitoring Can Cause New Claims Employers who have quotas for employees, run warehouses or distribution centers, or otherwise monitor productivity of employees:  new law AB 701 applies to you.[1]  Starting on January 1st, employers are prohibited from using quotas or productivity monitoring to interfere with...

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UPDATE: Religious Exemptions from COVID-19 Vaccinations

UPDATE:  Religious Exemptions from COVID-19 Vaccinations On October 25, 2021, the EEOC released an update[1] religious exemptions from COVID-19 vaccination.  The EEOC notes that requests for accommodation should be handled on a case-by-case basis.  And in deciding how to proceed, the employer and employee should consider that:     •Even...

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TIP SHARING – FINAL RULE FROM DEPT OF LABOR

TIP SHARING - FINAL RULE FROM DEPT OF LABOR The U.S. Department of Labor (“DOL”), at the federal level, enforces employee rights and has the ability to fine employers who do not abide by employment laws.  The fines stack up and can be large.  The DOL interprets laws, like those...

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Posting of Employee Notices – New Law

Posting of Employee Notices – New Law Existing law regulates the wages, hours, and working conditions of any worker employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise.  Under California Senate Bill SB 657, Section 1207 was added to the Labor Code, to...

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