California Governor Signs Wave Of New Gender/Sex Related Bills Into Law In The Wake Of #MeToo

Wage Hour - social, smallExecutive Summary: On September 30, 2018, California Governor Edmund J. Brown, Jr. signed into law eight new bills involving gender and sexual harassment training and related issues. The Governor also signed into law two bills amending California’s lactation accommodation requirements. These laws were submitted by the legislature on the heels of the #MeToo movement, and the majority of these new laws were largely written to address workplace issues with respect to sexual harassment in particular.  Continue reading

What Issues May Employers Be Required to Address as Hurricane Florence Threatens?

florenceExecutive Summary: As the East Coast of the U.S. braces for Hurricane Florence, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as they prepare to resume normal operations. For example, employers need to determine whether closing the office means having to pay workers who stay home, being on the hook for unemployment compensation, and whether workers’ compensation applies to weather-related injuries. Continue reading

New Jersey Enters Partnership with USDOL To Fight Worker Misclassification

new jersey signExecutive Summary: Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of Labor and Workforce Development (LWD) entered into a cooperation agreement with the US Department of Labor (USDOL) to work together to fight worker misclassification. Continue reading

California Court Holds Rounding Employee Time Punches to Nearest Quarter Hour OK—Under the Circumstances

Calculator Icon-02Executive Summary: Under California law, employers are required to pay employees for “all hours worked” when subject to the employer’s “control.” This raises the question: if an employer uses a timekeeping system that automatically rounds employee time punches up or down to the nearest quarter hour, is that lawful? The California Court of Appeals recently said “yes”—depending upon whether the rounding policy and practice are both neutral.

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New York City Considering Mandatory Minimum Wage for App-Hail Drivers

Ferrier, Valerie - 300dpi
Valerie Ferrier

Executive Summary: The introduction of ride-hailing apps has upended the taxi and for-hire car industry in New York City. What began with a promise of independence and wealth for drivers has actually pushed more into dire financial straits, as competition has increased. Now, following a string of driver suicides, New York City’s Taxi and Limousine Commission (“TLC”) is considering imposing minimum wage requirements on certain app-hailing services like Uber and Lyft. Continue reading

U.S. Supreme Court’s Watershed Decision Preserves Arbitration Agreements, for Now – Dissent Encourages Legislature to Attempt to Reverse the Decision

Simao, Sal - 300dpi
Sal Simao

Executive Summary: Yesterday, the Supreme Court, in a strongly divided 5-4 ruling, upheld mandatory arbitration agreements prohibiting employees from bringing employment claims on a class or collective basis. That decision, Epic Systems Corp. v. Lewis, is available here. This long-awaited decision is one of the most important in employment law in the past several years. As the thirty-page dissent made clear, however, depending on the make-up of a new Congress, we may see legislation that reverses this ruling. Nevertheless, the Court’s ruling is straightforward, expected and the clear law of the land going forward.

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