The California Supreme Court (“Court”) recently ruled that Apple, Inc. is required to pay its workers for time spent waiting for and undergoing security screenings before leaving the workplace. The Court found that the company’s policy requiring employees to clock out before undergoing two daily bag checks added up to approximately 90 minutes of unpaid
New York Bolsters Protections for Employees
On Thursday, Governor Andrew Cuomo signed several pieces of legislation that bolster New York’s growing workplace protections.
These laws will be implemented over the course of the next year. They will:
• Increase protections for employees who are members of protected classes as well as for those who have been sexually harassed;
• Prohibit nondisclosure
Worker Classification Uncertain in California
A year ago, the California Supreme Court’s Dynamex ruling complicated the classification of workers as independent contractors. Employers are still trying to determine how the decision affects them, especially as the decision did not address whether it applied retroactively.
In April 2018, the California Supreme Court ordered courts to apply the strict “ABC test” to
Updates to the New York Harassment and Discrimination Laws
At the close of its 2019 session, the New York General Assembly passed substantial changes to the state’s anti-harassment and discrimination laws, which Governor Andrew Cuomo has indicated that he will sign into law. The new law applies to all protected classes under NY law.
The changes to the New York anti-harassment and discrimination laws
Class Action Waivers in Employment Agreements Continue to be a Target
Democratic leaders are at it again, pushing a bill that would topple the United States Supreme Court 2018 decision in Epic Systems v. Lewis. In effect, the proposed bill would bar employers from requiring class action waivers and mandatory arbitration, thus allow workers to bring employment claims as a group as well as bring
EEOC Releases Data Showing Decline in Discrimination Claims in 2018
Employment discrimination charges are at a twelve-year low, the U.S. Equal Employment Opportunity Commission (“EEOC”) reported last week. The EEOC released data for charges of workplace discrimination in fiscal year 2018. However, the number of sexual harassment charges increased, likely due to the #MeToo movement which has focused on publicizing and eradicating sexual harassment in
Department of Labor Proposes New Rules
The Federal Department of Labor (“DOL”) recently proposed two new rules addressing joint employer status and overtime pay calculation under the Fair Labor Standards Act (“FLSA”). These proposals are significant because the underlying regulations had not been updated in decades.
Joint Employer Status
On April 1, 2019, the DOL proposed the new rule for determining
House Passes Bill: Finally Equal Pay for the Sexes?
On March 27, 2019, the U.S. House of Representatives passed the Paycheck Fairness Act addressing the gender pay gap by bolstering the Equal Pay Act. The bill, sponsored by Rep. Rosa DeLauro, D-Conn, would protect employees from pay discrimination and hold employers accountable for pay discrimination on the basis of sex. Among other changes,
Designation of an Employee’s Leave Clarified by the U.S. Department of Labor
On March 14, 2019, the U.S. Department of Labor, Wage and Hour Division (“DOL”) released an opinion letter clarifying the DOL’s position on designating and taking leave under the Family and Medical Leave Act (“FMLA”). Specifically, the DOL stated that employers cannot delay the designation of FMLA-qualifying leave or designate more than 12 weeks of
Mandatory Arbitration in Employment Agreements Under Fire
Recently, Democratic federal legislators proposed a bill to bar companies from requiring employees to sign mandatory arbitration agreements and also from preventing employees from bringing class actions.
Proposed Bill
The proposed bill, the Forced Arbitration Injustice Repeal Act (“FAIR Act”), sponsored by Connecticut Senator Richard Blumenthal and New York Congressman Jerrold Nadler, would ban mandatory