Labor & Employment: Updates

displaying 1-25 of 625

  • Subtracting Cable Installers' Piece Rate Overtime Premium from Bonus Before Calculating Regular Rate Doesn't Add Up: Ninth Circuit Published on March 27, 2017 Legal update: archive

    In Brunozzi v. Cable Communications, Inc., the US Court of Appeals for the Ninth Circuit held that an employer's piece-work-based payment plan, which includes a contractually-required bonus that decreases proportionally with an increase in the number of overtime hours worked, violated the overtime provisions of the Fair Labor Standards Act (FLSA).

  • USCIS Launches EB-5 Regional Center Audit Program Published on March 22, 2017 Legal update: archive

    On March 21, 2017, United States Citizenship and Immigration Services (USCIS) launched a program to conduct compliance audits of the EB-5 Regional Center program.

  • Ogletree Deakins: Connecticut Supreme Court Provides Guidance on Independent Contractor Classification Published on March 21, 2017 Legal update: archive

    This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act, in which the Connecticut Supreme Court concluded that a worker can be deemed an independent contractor even if he only provides services to a single employer. According to the "ABC" test used by Connecticut courts in unemployment cases, a worker can be labeled an independent contractor if evidence shows that A) he is free from employer direction and control; B) his services are outside of the employer's usual course and place of business; and C) he is engaged in an independently established business of the same nature as the services performed. The court determined that performing services for third parties is only one of several factors to consider in proving part C. The court provided a list of other factors that may satisfy part C when the worker provides services to one entity.

  • What's Market Executive Employment Agreements for the Week Ending March 22, 2017 Published on March 21, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Revised Travel Ban Blocked by Two District Courts Published on March 21, 2017 Legal update: archive

    On March 15, 2017, in Hawaii v. Trump, a US district court judge in the District of Hawaii granted a temporary restraining order (TRO) blocking enforcement of key aspects of President Donald Trump's revised Executive Order, "Protecting the Nation From Foreign Terrorist Entry Into the United States" issued on March 6, 2017. On the same day, in Int'l Refugee Assistance Project v. Trump, a US district court judge in the District of Maryland granted a preliminary injunction blocking a key section of the revised Executive Order.

  • What's Market Executive Employment Agreements for the Week Ending March 15, 2017 Published on March 14, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Ninth Circuit Agrees with Second Circuit That Dodd-Frank Protects Internal Whistleblowers Published on March 14, 2017 Legal update: archive

    In Somers v. Digital Realty Trust, Inc., the US Court of Appeals for the Ninth Circuit held that the Dodd-Frank Act protects not only whistleblowers who disclose allegedly unlawful activity to the Securities and Exchange Commission (SEC), but also those who disclose information to internal authorities.

  • Stoel Rives: Multnomah County Circuit Court Rules Against Double Overtime for Oregon Manufacturing Employers Published on March 14, 2017 Legal update: archive

    This Law Firm Publication by Stoel Rives LLP addresses the decision in Mazahua v. Portland Specialty Baking LLC, where the Multnomah County Circuit Court held that manufacturing employees are entitled to receive either daily overtime or weekly overtime, but not both. The Oregon Bureau of Labor and Industries (BOLI) had previously agreed with this interpretation of ORS 652.020 (daily overtime statute) and ORS 653.261 (weekly overtime statute). However, on January 1, 2017, it changed its interpretation, advising that employers must pay both daily and weekly overtime when manufacturing employees work over 40 hours in a week. The publication describes the Mazahua decision as good news for manufacturing employers because they now have a basis to support their lack of compliance with BOLI's new interpretation of overtime rules. However, Mazahua is limited because it is only binding on parties to the case and does not stop potential plaintiffs from pursuing double overtime in other cases. Since Mazahua did not invalidate BOLI's new advice or bar its enforcement, employers may still have to comply with BOLI's new interpretation.

  • NLRB Disregarded Precedent That Airline Baggage Handlers Are Covered by RLA: DC Circuit Published on March 14, 2017 Legal update: archive

  • Jackson Lewis: Puerto Rico Enacts Equal Pay Law, Prohibits Employers from Inquiring About Past Salary History Published on March 13, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis P.C. addresses the Puerto Rico Equal Pay Act (Act No. 16), signed by Governor Ricardo Rossello on March 8, 2017. Act 16 prohibits pay discrimination based on sex, with narrow specified exceptions. Under Act 16, employers also may not ask job applicants about their salary history, preclude employees from discussing salaries, or retaliate against employees for discussing salaries. The DOL may prepare interpretive regulations regarding Act 16 and will begin a statistical study about gender pay inequality. The publication also discusses remedies available under Act 16, and notes that penalty provisions will become effective on March 8, 2018.

  • DC Circuit Vacates NLRB Bargaining Order, Pans Decertification Election Bar Published on March 13, 2017 Legal update: archive

    In Scomas of Sausalito, LLC v. NLRB, the US Court of Appeals for the District of Columbia Circuit (DC Circuit) affirmed a National Labor Relations Board (NLRB) decision that an employer unlawfully withdrew recognition from a union but vacated the NLRB's bargaining order and consequent decertification election bar.

  • Fourth Circuit Holds that School Violated Title IX by Denying Transgender Student Access to Gender-Identity-Appropriate Restroom Published on March 07, 2017 Legal update: archive

    In G.G. ex rel. Grimm v. Gloucester Cty. Sch. Bd., the US Court of Appeals for the Fourth Circuit reversed the district court, and remanded, holding that the Department of Education's (ED) Office for Civil Rights (OCR) opinion letter dated January 7, 2015 interpreting its Title IX regulation (34 C.F.R. § 106.33) as it relates to restroom access by transgender individuals, is entitled to deference under Auer v. Robbins (Auer deference).

  • New Travel Ban Executive Order Issued with Delayed Effective Date Published on March 07, 2017 Legal update: archive

    President Trump has issued a new Executive Order (EO) that will ban US entry for certain individuals from six predominantly Muslim countries and revoke his previous travel ban EO.

  • What's Market Executive Employment Agreements for the Week Ending March 8, 2017 Published on March 07, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • USCIS Temporarily Suspends Premium Processing for H-1B Petitions Starting April 3rd Published on March 07, 2017 Legal update: archive

    United States Citizenship and Immigration Services (USCIS) announced on March 3, 2017 that it will suspend premium processing of all H-1B petitions filed on or after April 3, 2017. The suspension may last up to six months.

  • NLRB Finds FedEx Home Delivery Drivers Employees under New Independent Contractor Test, Rejects DC Circuit Independent Contractor Finding on Same Facts Published on March 06, 2017 Legal update: archive

    In FedEx Home Delivery, the National Labor Relations Board (NLRB) re-evaluated whether owner-operators who drive for FedEx Ground Package Systems, Inc. are independent contractors or employees under the National Labor Relations Act (NLRA). The NLRB revised its independent contractor test after the US Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated an earlier NLRB decision and found on essentially the same facts that FedEx Home Delivery drivers at another facility were independent contractors excluded from NLRA-coverage. The NLRB concluded that the drivers here were employees covered by the NLRA and that the employer unlawfully refused to collectively bargain with their selected union. The NLRB diluted several entrepreneurial opportunities factors it previously used in its independent contractor test by subsuming them into one of ten common law test factors. It also noted that it will consider entrepreneurial opportunities that purported independent contractors seized and not unseized opportunities, it deemed actual and theoretical opportunities, respectively.

  • Fisher Phillips: California Court Confirms Healthcare Meal Waivers Have Always Been Valid Published on March 06, 2017 Legal update: archive

    This Law Firm Publication by Fisher & Phillips LLP discusses Gerard v. Orange Coast Memorial Medical Center, in which the California Court of Appeal concluded that its earlier decision in the same case, in which it partially invalidated an order authorizing second meal break waivers on shifts longer than 12 hours, was incorrect. In October 2015, California passed SB 327, allowing health care employees who worked more than eight hours to waive their second meal break, even for shifts that were 12 hours or more. The appellate court has found that Wage Order 5, section 11(D), which gives authority for these waivers, was valid when adopted and did not violate Labor Code section 512's break rules. Qualified healthcare employees using meal waivers are permitted to waive either their first or second meal break. In addition, they are only required to take one of their two breaks before the end of the tenth hour of work, so waivers should not include language limiting the waiver to shifts of no more than 12 hours.

  • Jackson Lewis: New York's New Paid Family Leave Benefits: What Employers Need to Know Published on March 06, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis P.C. addresses New York's new Paid Family Leave Benefits Law (PFL), which was enacted when Governor Andrew Cuomo signed the New York State's 2016-2017 Budget. The PFL, which becomes effective on January 1, 2018, entitles employees to receive paid family leave benefits for eight weeks at the lesser of 50% of the employee's average weekly salary or 50% of the state average weekly salary. This amount increases annually to 12 weeks at 67% of the employee's weekly or state average weekly salary by 2021. The PFL will be funded through employee payroll contributions. Employees who have worked 26 consecutive weeks in a 52 week calendar year will be eligible for a leave of absence from work if: the absence involves giving physical or psychological care to a family member because of a serious health condition, bonding with a newborn, adoptive or foster child, or for any qualifying reason under the Family and Medical Leave Act (FMLA) concerning an employee's spouse, domestic partner, child, or a parent serving on active military duty or anticipating a pending call to active duty. Proposed regulations of the law have been issued but have not been implemented yet, and provide guidance to employers. The publication advises employers to revisit current policies and practices and create new policies to ensure they comply with the new law, especially the leave of absence and job reinstatement provisions.

  • Jackson Lewis: Georgia's Definition of "Modify" Under the Restrictive Covenants Act Published on March 05, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis P.C. addresses LifeBrite Laboratories LLC v. Nina H. Cooksey, a case of first impression, in which the US District Court for the Northern District of Georgia held that "modify" as referenced by Georgia's Restrictive Covenants Act (GRCA), means to remove "unreasonable restrictions" and to narrow "overbroad terms" in non-compete agreements. A non-compete agreement between Cooksey and LifeBrite did not define a specific geographic area. When Cooksey began working for a competitor, LifeBrite sued her for breach of the non-compete. In her motion for declaratory judgment, Cooksey argued that the contract was unenforceable without a geographic restriction. Georgia law deems non-compete covenants enforceable if they are "reasonable in time, geographic area, and scope of prohibited activities." The judge agreed that the lack of geographic limitation made the non-competition covenant unenforceable. Although the GRCA empowers courts to modify unenforceable agreements, the district court found the word "modify" allows a court to remove unreasonable restrictions and narrow overbroad terms, but not to rewrite or supply new terms to make a covenant enforceable.

  • Employer Violated NLRA by Cancelling Medical Benefits for Striking Employees: NLRB Published on March 03, 2017 Legal update: archive

    In Hawaiian Telcom, Inc., the National Labor Relations Board (NLRB) held that an employer violated the National Labor Relations Act (NLRA) by cancelling accrued medical and dental health benefits for striking employees and unlawfully mailing Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) packets to striking employees.

  • Fisher Phillips: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault Published on March 02, 2017 Legal update: archive

    This Law Firm Publication by Fisher & Phillips LLP addresses B.C v. Steak and Shake Operations Inc., in which the Texas Supreme Court held that when the "gravamen" of a complaint is based upon assault and not harassment, the plaintiff's only responsibility is to bring a sexual assault tort claim. The court distinguished B.C from Waffle House, which established that a sexual harassment case falls within the jurisdiction of the Texas Commission on Human Rights Act (TCHRA). In Waffle House, the plaintiff alleged that her supervisor engaged in a pattern of harassment over a six-month period, culminating in sexual assault. In contrast, B.C experienced a single "egregious" violent sexual assault by her supervisor at work. The court reasoned that there was a big difference between a claim based on the harassment of a coworker, which is "exclusively" under the TCHRA's jurisdiction, and a plaintiff claiming the employer's vicarious liability based on her supervisor's alleged assault. The publication predicts that B.C. will confuse courts and embolden plaintiffs' attorneys to file assault cases to avoid administrative hurdles and the TCHRA's damages cap.

  • Jackson Lewis: St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules Published on March 01, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis, P.C. addresses Cooperative Home Care, Inc. v. City of St. Louis, in which the Missouri Supreme Court upheld the St. Louis minimum wage ordinance, which increases the hourly minimum wage from $8.25 in 2015 to $11.00 in 2018. Although the court did not specify when employers must comply with the ordinance, the publication instructs employers to pay employees the current $10.00 hourly rate and post the minimum wage immediately to minimize the threat of litigation. The court noted that House Bill 722, which states that “no political subdivision” can obligate employers to give employees more benefits than required under the federal and state laws, rules,and regulations, would not preempt the St. Louis minimum wage ordinance or any other state or local minimum wage ordinances effective on August 28, 2015.

  • Fisher & Phillips: California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay Published on March 01, 2017 Legal update: archive

    This Law Firm Publication by Fisher & Phillips LLP addresses Vaquero v. Stoneledge Furniture LLC, in which a California appellate court held that commission-based workers must receive separate compensation for legally-required rest periods. California employers were already required to provide a ten-minute rest period for every four hours worked by non-exempt employees who work at least three and a half hours per day. The Vaquero court found that employers could not combine rest period compensation with commissions paid for productive time in order to meet minimum wage requirements. The publication indicates that this ruling and a recent California Supreme court decision requiring rest periods to be duty-free have changed the landscape of rest period compensation structure.

  • Jackson Lewis: California Adopts Broad Gender-Neutral Bathroom Rules–Signage Rules Expand Beyond ADA Concerns Published on March 01, 2017 Legal update: archive

    This Law Firm Publication by Jackson Lewis P.C. discusses California's Equal Restroom Access Act (ERAA), which will require single-occupancy restrooms in businesses, government buildings, and places of public accommodation to have both geometric and tactile signs identifying them as gender-neutral. The signage must meet detailed requirements in compliance with Title 24 of the California Code of Regulations, but no specific wording must be used. The ERAA became effective on March 1, 2017.

  • Ogletree Deakins: New York Proposes Regulations on State Paid Family Leave Law Published on February 28, 2017 Legal update: archive

    This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the proposed regulations published by the New York State Workers' Compensation Board (WCB) on February 22, 2017 to clarify the New York State Paid Family Leave Law (PFL). The PFL, which becomes effective on January 1, 2018, requires private New York employers to provide paid family leave benefits to employees who meet certain eligibility standards. The Law Firm Publication addresses the types of employers and employees that the PFL covers, how the program will be implemented over the next four years, how the family leave may be used, and penalties for employers that fail to follow the law. The public may provide comments on the proposed regulations until April 8, 2017 (http://www.wcb.ny.gov/PFL/pfl-regs.jsp).New York has also introduced a new informational website regarding the PFL program (https://www.ny.gov/programs/new-york-state-paid-family-leave).

{ "siteName" : "PLC", "objType" : "PLCWebPage", "objID" : "1247850708532", "objName" : "us-labor-employment", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resources/feeds/us-labor-employment?null", "pageType" : "Other", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "25e8a493e:15b10628bd6:-6863", "analyticsSessionCookie" : "25e8a493e:15b10628bd6:-6862", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }