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The Department of Labor’s new rule raising the salary level for overtime exemption to $35,568 goes into effect on January 1, 2020. With this rapidly approaching change, many employers are considering whether to increase employee salaries or begin paying overtime. For employers whose employees consistently work 40-hour weeks, it may be more cost-effective to pay […]
On February 25, 2019, the Supreme Court vacated a 9th Circuit Opinion filed on April 9, 2018 in Yovino v. Rizo. The 9th Circuit Opinion rested on Judge Stephen Reinhardt’s vote as the author of the majority opinion to establish binding 9th Circuit precedent. However, Judge Reinhardt died on March 29, 2018. Without his vote, […]
The National Labor Relations Act (“NLRA”) protects the rights of both employees and employers and encourages collective bargaining. However, the NLRA does not apply to “independent contractors.” In 2014, the National Labor Relations Board (“NLRB”) issued a Decision and Order in FedEx Home Delivery. In that decision, the board considered the role that “entrepreneurial opportunity” […]
The United States is currently experiencing the longest government shutdown in U.S. History. One of the several effects of this shutdown is the inability to access E-Verify accounts. E-Verify is a system allowing employers to confirm the eligibility of their employees to work in the United States. Since the government shutdown has made E-Verify unavailable, […]
The 8th Circuit ruled on December 7, 2018 in Hustvet v. Allina Health System, that an employee who was terminated for failing to receive a vaccination for Rubella was not discriminated or retaliated against under the Americans with Disabilities Act, as amended (“ADA”). Janice Hustvet was an employee at the Courage Center (the “Center”) working […]
The Department of Labor’s (DOL) Wage and Hour Division has extended the nationwide program called the Payroll Audit Independent Determination (PAID) by six months. Under this program, employers may self-report overtime and minimum wage violations which would subject them to liability under the Fair Labor Standards Act (FLSA). Apart from the PAID program, employers only […]
In the recent Ninth Circuit decision in O’Connor v. Uber, the Ninth Circuit reversed an order of the district court denying Uber’s Motion to Compel Arbitration. Rather than address the issue of whether Uber Drivers were employees or independent contractors, the Ninth Circuit simply reversed the lower court decision that the arbitration provisions were unenforceable. […]
On September 12, 2018, the Consumer Financial Protection Bureau released a new model of the disclosure document, “A Summary of Your Rights Under the Fair Credit Reporting Act.” Under the Fair Credit Reporting Act, employers must provide this disclosure to job applicants prior to taking any adverse action against the applicant based on a consumer […]
Following is a short guide to the schedule of increases now mandated due to Proposition 206. As of 2018 the minimum wage pay is $10.50; in 2019 it will go up to $11.00; and 2020 it will go up to $12.00/hour. Now to the leave. Employers will have to give employees one (1) hour of […]
Employers have for years have been advised that sexual orientation is not covered or protected under Title VII of the Civil Rights Act of 1964. However in 2015, the EEOC took the position that the phrase “because of…sex” included sexual orientation. On February 26, 2018, the 2nd Circuit Court of Appeals sitting as the full court and […]
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