Effective August 21, 2018, Illinois amended its Nursing Mothers in the Workplace Act (820 ILCS 260/10). The prior law, which went into effect in 2001, required employers who have more than five employees to provide unpaid break time to an employee who needed to express breast milk for her nursing infant child. The amendment now requires employers to pay for “reasonable” break time spent expressing breast milk, no matter how long it takes or how often it needs to occur. A limit of up to one year after the birth has now replaced a previously undefined period. Continue reading →
Executive 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 →
Executive 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 →
Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly. Below is a summary of each. Continue reading →
Executive 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 →
Executive 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.
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 →