On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber, Doordash, and Postmates. Proposition 22 essentially creates a new category of workers by allowing transportation technology companies to continue to treat drivers on their platforms … Continue Reading
Category Archives: Wage & Hour
Subscribe to Wage & Hour RSS FeedNew Obligations for Colorado Employers
Two new statutes affecting all employers operating in Colorado, the Equal Pay for Equal Work Act (EPEWA) and paid sick leave through Colorado’s Healthy Families and Workplaces Act, will add to the compliance burden of all employers operating in Colorado effective January 1, 2021.
The impact of each new law on employers is discussed below.… Continue Reading
Workplace Changes to Expect Under a Biden Administration: Part I
The networks have called the Presidential election for Joe Biden. Assuming those results are certified and President Trump’s legal challenges fail, what should employers expect under the new administration? In Part I of this two-part series, let’s explore what changes we might see in the workplace from the employment law perspective. In Part II, we will look at changes in … Continue Reading
California’s Sweeping Expansion of Employment Laws
California has enacted a host of new laws impacting family and medical leave, coronavirus reporting obligations, workers compensation, pay gap data, worker classifications, and more. Here are the highlights, including when employers must abide by the new laws.… Continue Reading
New York State Releases Guidance on the State’s New Sick Leave Law
New York employers waiting for clarification on the newly effective New York State Sick Leave Law (“Sick Leave Law”) need wait no longer: on October 20, 2020, the state issued initial guidance – titled the New York State Paid Sick Leave FAQ (the “Guidance”) – interpreting the law.
The Sick Leave Law applies to all private sector workers in the … Continue Reading
Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations
In response to a New York federal court striking certain aspects of the Department of Labor’s regulations interpreting the Families First Coronavirus Response Act (FFCRA), last week the DOL issued a revised Temporary Rule (the “Revised Rule”), in some ways resisting and in others yielding to the court’s ruling. In particular, the Revised Rule maintains the DOL’s prior positions … Continue Reading
Employers Not Racing to Implement Employee Payroll Tax Deferral
Offering eligible workers the option to suspend the employee share of Social Security payroll taxes through year-end may sound good at the moment, but concerns about next year are leaving many employers wary. Indeed, the Wall Street Journal reported that some of the nation’s largest employers have rejected the President’s payroll tax deferral plan, and Bloomberg reported that no major … Continue Reading
Employees Are Responsible for Logging Remote Work Hours
Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August.… Continue Reading
Longer Than Expected Layoffs May Trigger Notice Requirements
Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching. As we noted in our prior blog, certain layoffs and reductions in hours that last longer than six months trigger federal notice requirements … Continue Reading
DOL Guidance on COVID-19 Leave Evolving
With employers and employees still working under the shadow of COVID-19, the Department of Labor (DOL) is keeping watch on new issues arising from the changing circumstances. But, while the DOL watches issues to provide guidance, a federal judge in New York is watching the DOL. This week, a New York judge vacated four portions of the DOL’s Family First … Continue Reading
State and Local Paid Family and Sick Leave Laws Continue to Sweep the Country
Even before COVID-19 hit the United States, state and local governments were busy passing paid family and/or sick leave laws. Unlike the federal, state, and local leave laws which were enacted in response to COVID-19, these laws do not expire and have a broader application. In 2019, paid family leave laws in Washington, D.C. and Washington state, and paid sick … Continue Reading
Summertime: Child Care and Child Labor News
Summer camp closures and extended school sessions present new challenges for both working parents and for companies employing teens. The Department of Labor has offered new guidance on both issues.… Continue Reading
DOL Changes Rules for Fluctuating Workweek and Retail Establishments
Employers who use the fluctuating workweek method of compensating employees and those who rely on the retail establishment exemption from overtime are both in for some changes. Recently the Department of Labor (DOL) passed two key regulations altering the application of certain rules under the Fair Labor Standards Act (FLSA) applicable to each. First, the DOL has authorized employers to … Continue Reading
Across the Digital Divide: Managing Remote Workers
The explosive growth of teleworking during the COVID-19 pandemic has re-shaped notions about how we work, presenting novel challenges for management. Re-opening business worksites brings new legal and operational challenges in continuing to effectively manage remote workers, while deciding whether, when, and which remote workers should return to the worksite. The new focus on teleworking requires consideration of a host … Continue Reading
Avoiding Potential Workplace Claims Arising from Reopening of Businesses
As employers contemplate or commence reopening, they should be cognizant of potential workplace claims which are likely to escalate in the COVID-19 era. Such claims can arise out of a wide range of situations, including: deciding which employees should be brought back to the worksite first, which should be allowed to continue to telework and where there isn’t sufficient work, … Continue Reading
Managing a California Workforce During COVID-19
While some states have moved quickly to re-open for business, California Governor Gavin Newsom has announced a four-stage plan to modify the statewide stay-at-home order, beginning with expanded testing and contact tracing measures, and culminating with the re-opening of live-audience sports, concerts, and other large events. As California employers begin implementing that plan, they must keep California’s unique employment law … Continue Reading
DOL Issues Regulations on Emergency Paid Sick Leave and Expanded FMLA Leave
Demonstrating that guidance on the newly mandated Emergency Paid Sick Leave and Expanded Family and Medical Leave is fluid, on April 6, 2020, the United States Department of Labor (DOL) published new regulations as a “temporary rule” expanding on and tinkering with its prior guidance under the Families First Coronavirus Response Act (FFCRA). The new rule became effective … Continue Reading
Paycheck Protection Program Open for Business
Small businesses can begin applying for loans under the Paycheck Protection Program today, April 3, 2020, but should keep in mind that under new interim guidance, 75% of the forgiven amount over the eight week period following origination of the loan must be used for payroll purposes. Independent contractors and self-employed individuals can apply starting April 10, 2020. … Continue Reading
Relief for Employers in the CARES Act
The Federal Corona Aid, Relief, and Economic Security Act (CARES), approved Friday in the wake of COVID-19 pandemic, provides businesses with a myriad of opportunities for relief, including expansion of unemployment benefits, advance refunding of tax credits for employers that provide expanded FMLA leave and emergency paid sick leave, small business loan programs, debt forgiveness, and more. Summaries of the … Continue Reading
Cracking Down on Employers Misclassifying Employees as Independent Contractors
New Jersey has joined California and New York City by adding significant new penalties and requirements on employers doing business in the Garden State, including new penalties for misclassifying workers as independent contractors and new posting requirements effective April 1, 2020. Illinois, New York, Oregon, Washington, Wisconsin, and Florida considered various forms of legislation on worker misclassification in 2019, and … Continue Reading
New Unemployment Obligations for Georgia Employers
Employers faced with layoffs and furloughs need to pay close attention to state unemployment laws, which are in flux and in some instances may impose extraordinary burdens on employers. For example, Georgia has extended unemployment benefits and now requires employers to file for benefits on behalf some employees impacted by COVID-19 as a result of certain changes to state unemployment … Continue Reading
Department of Labor Issues FFCRA Guidance, Poster
A flurry of publications from the United States Department of Labor (DOL) provide employers with additional details regarding the recently-passed Families First Coronavirus Response Act (FFCRA). Q&A guidance issued March 24 establishes an April 1, 2020 effective date and explains how to calculate the 500-employee threshold and hours used to determine employees’ leave entitlement. A March 24 Wage and Hour … Continue Reading
Notice Requirements When Furloughing Or Laying Off Workers in the Pandemic
Employers contemplating layoffs or furloughs of employees as a result of the COVID-19 outbreak need to be careful. Even if they are not subject to the federal Worker Adjustment and Retraining Notification Act (WARN Act), they may be obligated to provide various notices under state “mini-WARN” acts or other state laws.
Below is a quick overview of how these federal … Continue Reading
Paid Sick Time and FMLA Expansion Law Passes
Employers with fewer than 500 employees will be required to provide paid leave to certain employees impacted by the coronavirus (COVID-19) and will receive a tax credit in return, under a new law approved by the Senate and signed by President Trump on March 18, 2020. These measures are set to take effect no later than April 2, 2020.
The … Continue Reading
