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...
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...
Big Changes to Texas Workplace Sexual Harassment Law Are you Prepared? In a surprising move, Texas Governor Greg Abbott recently signed two significant amendments, SB45 and HB 21, to the Texas labor code, which will be significantly expanded and redefined. These amendments will have a major impact on how businesses...
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...