In September 2020, the New York Workers’ Compensation Board (WCB) issued guidance related to COVID-19 claims and their compensability under the State’s workers’ compensation laws. This guidance is especially noteworthy because workers’ compensation claims are expected to increase substantially as a result of COVID-19. By way of background, New York is one of the few … Continue Reading
As we previously reported, this past September the U.S. Department of Labor (DOL) proposed a new rule that would create a uniform approach to the way companies classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA). More specifically, in the proposed rule, the DOL adopted the “economic reality” test, which … Continue Reading
New York City first adopted a local paid sick leave law in 2014. Over the ensuing six years, the City legislature amended the law several times, including in 2018 to add “safe leave” as a form of paid time off. Late last month, the City amended the Earned Safe and Sick Time Act (ESSTA) yet … Continue Reading
On May 20, 2020, the U.S. Department of Labor (DOL) published a final rule explaining that bonuses and other incentive payments—paid in addition to an employee’s weekly salary—are compatible with the fluctuating workweek (FWW) method of calculating overtime under the Fair Labor Standards Act (FLSA). The final rule went into effect on August 7, 2020. … Continue Reading
On September 9, 2020, Governor Newsom signed Assembly Bill (AB) 1867 into law, adding section 248.1 to the Labor Code. Under this new section, “hiring entities” are required to provide supplemental COVID-19 paid sick leave (CPSL) to “covered workers.” This is in addition to any paid sick leave that may be available to the covered … Continue Reading
Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under federal wage and hour law. Yesterday, however, a New York federal judge struck down a significant portion of the rule. Judge Gregory H. Woods’ 62-page decision delivers a significant blow to businesses that had … Continue Reading
Airport workers at John F. Kennedy (JFK), LaGuardia (LGA), and New York Stewart International Airport (SWF-Stewart Intl.) may soon be receiving increased wages and benefits under the Healthy Terminals Act (the “Act”) (Senate Bill S6266D). Spurred by the COVID-19 related death of a JFK airport worker, the Act recently passed both the New York State … Continue Reading
The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s. Amidst this wave, New York City adopted a paid sick leave law in April 2014. The City Council later amended the law – in May 2018 – to provide … Continue Reading
The Department of Labor’s (DOL’s) Wage and Hour Division recently issued three new opinion letters addressing the Fair Labor Standards Act’s (FLSA’s) sales exemptions. Two letters address the outside sales exemption, and the third addresses the retail or service establishment exemption. FLSA2020-6: Do salespeople who travel to different locations to sell their employers’ products using … Continue Reading
The U.S. Department of Labor, Wage and Hour Division (WHD) recently announced it will no longer automatically pursue pre-litigation liquidated damages from employers. WHD now takes the position that recovering pre-litigation liquidated damages should only occur in a limited number of cases and it will more selectively pursue such additional recoveries. WHD issued this new … Continue Reading
California employers need to be aware of impending local minimum wage increases in 13 California cities and counties on July 1, 2020, under local ordinances. The minimum wage will increase in the following localities on July 1 as described below. Clients must make sure their minimum wage postings reflect these changes. Locality Employers with 25 … Continue Reading
On May 12, 2020, Oakland passed an emergency ordinance joining Los Angeles, San Francisco, and San Jose in requiring employers to provide paid sick leave to employees for COVID-19-related reasons. Codified as Code of Ordinances Chapter 5.94 and known as the “Protecting Workers and Communities During a Pandemic – COVID-19 Emergency Paid Sick Leave Ordinance” … Continue Reading
The worldwide COVID-19 pandemic has had, and will continue to have, a substantial impact on the U.S. workplace. We have prepared a series of FAQs compiled based on some of the more common questions that clients with California-based employees have posed to us over roughly the past six weeks. These FAQs are general and high-level … Continue Reading
As businesses reopen and employees begin returning to work, employers will have to navigate complex wage and hour issues they may have never considered before. Employers will need to adapt to a “new normal” of major workplace changes, including increased teleworking, social distancing, and new health and safety measures. Wage and hour issues for employees … Continue Reading
As we previously reported on April 23 and April 27, 2020, in the midst of the COVID-19 pandemic dominating the news, Virginia Governor Ralph Northam recently signed into law a slew of bills passed earlier this year by the General Assembly that transform Virginia’s employment laws. This is the third in a series of alerts … Continue Reading
As we previously reported on April 23, 2020, in the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of bills passed by the General Assembly that transform Virginia’s employment laws. This is the second part of a series of alerts discussing Virginia’s groundbreaking new … Continue Reading
In the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of bills passed by the General Assembly that transform Virginia’s employment laws. Effective July 1, 2020, Virginia’s long-standing status as a business-friendly state with few labor and employment laws will end. These new state … Continue Reading
The Fair Labor Standards Act (FLSA) exempts certain highly-compensated employees (HCEs) from the requirement that they receive overtime pay for hours worked over 40 in a workweek. To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 … Continue Reading
What’s old is new again in New York. In non-COVID-19-related news, earlier this month, New York state passed its fiscal year 2020–2021 budget. As part of the budget, New York’s voting leave law, which was amended last year, will revert back to the pre-2019 version of the statute. By way of background, in April 2019, … Continue Reading
On April 14, 2020, New Jersey Governor Phil Murphy signed S-2353, which amends the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (New Jersey’s mini-WARN statute) in light of the COVID-19 pandemic. As we previously reported here, New Jersey amended its mini-WARN statute in January 2020. Among the January amendments was the requirement … Continue Reading
On April 7, 2020, San Francisco, California and San Jose, California passed emergency ordinances to expand paid sick leave and emergency family medical leave benefits. The ordinances cover gaps under federal law by expanding leave benefits under the federal Families First Coronavirus Response Act (the Act), which is limited to employers with fewer than 500 … Continue Reading
California law does not require employers to provide paid vacation. But if a California employer does choose to give paid vacation time, state legal requirements apply regarding accrual and compensation. For example, vacation may not be on a “use it or lose it” basis, and all vested but unused vacation is considered earned compensation that … Continue Reading
On April 7, 2020, Los Angeles Mayor Eric Garcetti suspended a paid sick leave ordinance by the Los Angeles City Council and signed an emergency order providing for mandatory paid sick leave for many large employers with essential employees working in the City of Los Angeles (L.A. Supplemental PSL), effective immediately. Existing Los Angeles City … Continue Reading
The California Supreme Court ruled on March 12, 2020 that an individual plaintiff’s settlement of their claims against an employer for purported wage and hour violations does not deprive that plaintiff of standing as an authorized representative in a Private Attorney General’s Act (PAGA) action. PAGA deputizes an employee to file a lawsuit for purported … Continue Reading
