MANDATORY SECURITY CHECKS OF EMPLOYEES RESULT IN AMAZON PAYING $8.67 MILLION TO SETTLE AN EMPLOYEE CLASS ACTION After a Pennsylvania court ruled last week that Amazon must pay warehouse workers for time spent in mandatory security checks, Amazon (and its staffing company) agreed to pay $13.5 million to settle the...
EMPLOYER MIS-TRANSLATION OF EMPLOYEE ARBITRATION AGREEMENT CLAUSE CAUSES PROCEDURAL PROBLEMS In the case of Western Bagel Co., Inc. v Superior Court, decided July 17th, the employer’s translation from English to Spanish of a mandatory arbitration clause was at issue. The Spanish version suggested non-binding arbitration; the English said binding arbitration....
EMPLOYMENT CLAIMS HOW THEY ARE PROVEN THROUGH CIRCUMSTANTIAL EVIDENCE Employees who are discriminated against by their employer usually do not have some overt action or smoking gun email to show the discrimination (or harassment or retaliation), but rest assured that the employer’s motives can be sussed out using circumstantial evidence....
New Executive Order Targeting Employee Non-Compete Agreements On July 9, 2021, President Biden made good on a campaign promise to address employment non-compete agreements by issuing a sweeping executive order called “Promoting Competition in the American Economy Order.” Although it does not immediately change the current legal landscape governing non-compete...
CALIFORNIA SUPREME COURT RULES MISSED MEAL AND REST BREAK PREMIUM PAYMENTS ARE TO BE CALCULATED USING HOURLY RATE PLUS NON-DISCRETIONARY PAYMENTS California employers must provide employees with at least a 30 minute meal break at or by the 5 hour work period mark, as well as two 10 minute rest...
New Hampshire Work-From-Home Employees Get Taxed From Massachusetts, Physical Location Of Employer New Hampshire does not have state income tax. So, it is an attractive state for employees to reside. However, in October 2020, Massachusetts issued a temporary emergency regulation (later adopted as a final rule) that said workers...
Employers - Reopening Businesses The Center for Disease Control and Prevention’s (“CDC”) surprise relaxation of the COVID-19 mask guidance on Thursday, May 13th, puts us on a path to pre-pandemic life for fully vaccinated people. But, employers should consider whether to relax pandemic health and safety protocols at the workplace...
EMPLOYEES: Do Employers Have to Give Employees Meal and Rest Breaks? Answer: It Depends Federal law says “no,” as the Federal Fair Labor Standards Act (“FLSA”) does not require employers to provide employees with meal or rest breaks. But, some state laws say “yes” and laws vary by state. In...
REMOTE AND IN PERSON EMPLOYEES CA LABOR COMMISSIONER IS COMING FOR YOU Employers in California better get it right in the treatment of employees. Any employee working in California must be paid under California laws, including remote employees. The California Division of Labor Standards Enforcement (“DLSE”) is tasked with combating...
EMPLOYER GETS INDICTED FOR NO POACHING SENIOR EMPLOYEES AGREEMENTS WITH COMPETITORS Employers rarely get entwined in antitrust actions, but that is exactly what happened on January 7th of this year. The Department of Justice indicted Surgical Care Affiliates LLC, which operates outpatient medical care facilities throughout the country. The indictment...