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California’s 2022 legislative session ended with numerous bills affecting employers and employment practices and procedures in the Golden State.
Yes, according to the U.S. Court of Appeals for the Third Circuit. Uronis v. Cabot Oil & Gas Corp., 2022 U.S. App. LEXIS 25727 (3d Cir. Sept. 14, 2022). The Third Circuit has jurisdiction over the federal courts in Delaware, New Jersey, Pennsylvania, and the Virgin Islands.
In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately assess when to owe worker contributions to the unemployment compensation and temporary disability benefit funds.
Events related to the COVID-19 pandemic may have caused roles within retail operations to shift, and managers may have been required to do more when employees are unexpectedly sick or when staffing levels fell due to the “great resignation.
The California Court of Appeal ruled in Seviour-Iloff v. LaPaille1 that employees could pursue Labor Code-based claims against executives of their employer, personally.
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of competent jurisdiction enters a stipulated judgment, after reviewing the proposed settlement for fairness.
Although District of Columbia’s Tipped Wage Workers Fairness Amendment Act was passed in 2018, parts of that law, including mandatory sexual harassment training, are just now taking effect.
Beginning August 5, Pennsylvania employers with salaried, nonexempt employees cannot use the fluctuating workweek method of calculating overtime pay for salaried employees.
Absent a further stay by the Michigan Court of Appeals or the Michigan Supreme Court, or absent further – albeit unlikely – action by the legislature, the Improved Workforce Opportunity Wage Act (IWOWA) (the minimum wage law) and the Paid Medical Leave Act (PMLA) will remain in effect until February 20, 2023.
Some of the most-common questions that employers have asked about these new rules are discussed in this special report.
In September 2021, Quebec’s Parliament enacted Law 25 (formerly Bill 64) (the “Law”), which updated Quebec’s data protection laws and added requirements for enterprises that do business within the province.
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at issue earned more than $200,000 per year and unquestionably met the salary-level and duties requirements of that exemption.
The Biden administration has announced its intention to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information).
On January 30, 2023, the Biden administration announced its intention to make final extensions of both the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) through May 11, 2023, at which point both will end.
California’s youngest tax agency, the Office of Tax Appeals (OTA), may be in for some significant changes based on proposed amendments (Proposed Amendments) to Title 18, Chapter 4.1 of the California Code of Regulations, which were issued by the OTA February 2023.
The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements.
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