Tag Archives: employers

Department of Labor Proposes Changes to Overtime Rules

The U.S. Department of Labor (DOL) on March 7, 2019, issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees. Under the new rule, the salary level for these “white collar” exemptions will increase from $23,660 per year ($455 per week) … Continue Reading

Top Massachusetts Court Rules in Favor of Employer in Wage Act Case of Calixto v. Coughlin

On Dec. 28, 2018, in Calixto v. Coughlin, the Supreme Judicial Court of Massachusetts (SJC) issued a unanimous opinion in favor of Greenberg Traurig’s clients, former officers of a defunct company. The SJC upheld the dismissal of Calixto’s claims alleging violation of the Massachusetts Wage Act, G. L. c. 149, § 148 (Wage Act), and … Continue Reading

2018 Year in Review: California L&E

There are myriad special rules for employers operating in California, and even more were signed into law last term. 2018 was Jerry Brown’s last year of his second “two-term” round as governor. Both legislatively and judicially, 2018 was a busy year, with the legislature sending more than 1,000 bills to the governor. This GT Alert … Continue Reading

New Jersey Federal Court Declares State’s New Equal Pay Act Does Not Apply Retroactively – Will State Courts Agree?

On Jan. 15, 2019, U.S. District Judge William J. Martini ruled that New Jersey’s newly minted Diane B. Allen Equal Pay Act (NJEPA), enacted April 24, 2018, and by its terms effective July 1, 2018, “is not retroactively applicable to conduct occurring prior to its effective date.” Perrotto v. Morgan Advanced Materials, PLC. While Judge … Continue Reading

The LAUSD Strike and Its Impact on Employers

Jan. 17, 2019, marks the fourth day of the Los Angeles Unified School District (LAUSD) teachers’ strike. For now, the nation’s second largest school district is using substitute teachers to keep classrooms open on a regular schedule for the hundreds of thousands of elementary, middle, and high-school students LAUSD serves, though as discussed below, certain … Continue Reading

Employers’ Obligations Under the California Consumer Privacy Act

Jan. 1, 2020, marks the effective date of the recently enacted California Consumer Privacy Act (CCPA), a new law that requires companies to comply with numerous requirements related to collecting and processing personal information of California employees and other individuals. Don’t let the “Consumer” language of the CCPA fool you – under the CCPA, the … Continue Reading

OSHA Clarifies Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, … Continue Reading

UPDATE: New Anti-Sexual Harassment Compliance Mandates for New York State and New York City in Full Swing

New York State and New York City have passed new legislation in an effort to strengthen prohibitions against sexual harassment in the workplace. Last month, we reported on those new developments (See GT Alert, “New Anti-Sexual Harassment Compliance Mandates for New York State and New York City in Full Swing,” September 2018). By Oct. 9, … Continue Reading

New Anti-Sexual Harassment Compliance Mandates for New York State and New York City in Full Swing

For New York employers who may not have closely monitored legal developments in the human resources and sexual harassment sphere over the summer, now is a good time to become familiar with the significant legal changes in effect, especially those with pressing deadlines. With increasing national media coverage of sexual harassment claims, both New York … Continue Reading

Budding Use of Legal Marijuana Creates Sticky Situation for NJ Employers

Kristine J. Feher and Danielle E. Gonnella co-authored an article in the New Jersey Law Journal titled “Budding Use of Legal Marijuana Creates Sticky Situation for NJ Employers.” The article discusses the whole new arena of substance-related challenges faced by employers in states where marijuana has been legalized for medical and/or recreational use, or decriminalized. To … Continue Reading

NLRB Returns to Browning-Ferris Test for Joint Employment

On Feb. 26, 2018, the National Labor Relations Board (NLRB or Board) issued an order reinstating the Browning-Ferris standard for evaluating joint employer status, once again leaving franchisors open to an increased risk of being found to be a joint employer of franchisee’s employees and potentially liable for labor law violations. The Board’s 3-0 Order … Continue Reading

California Supreme Court: Civil Penalties for Employers Accused of Violating California’s Occupational Safety and Health Act

On Feb. 8, 2017, the California Supreme Court ruled that California law allows local prosecutors to pursue civil penalties against employers accused of workplace-safety violations under California’s Occupational Safety and Health Act (Cal OSHA).  Solus Indus. Innovations, LLC v. Superior Court, No. S222314, 2018 WL 771814 (Cal. Feb. 8, 2018).  This means that California employers … Continue Reading

GT’s Labor & Employment Law Update 2017

The past year saw many significant developments in the area of labor and employment law at all levels of government. Simply by way of example, new legislation imposed additional obligations on employers that operate in New Jersey and New York; federal Courts of Appeals “clarified” standards applicable to workplace discrimination claims; and under the Trump … Continue Reading

PA Superior Court: For Some Employees, PA Law Requires More Overtime Compensation

Employers with operations in Pennsylvania should beware that a recent Pennsylvania Superior Court opinion confirmed what federal courts in Pennsylvania previously predicted:  Pennsylvania law entitles certain employees to more overtime pay than federal law. On Dec. 22, 2017, Judge Jeffery Moulton ruled that the Pennsylvania Minimum Wage Act (PMWA) entitles a nonexempt, salaried employee to … Continue Reading

NLRB Overturns 4 Decisions that Adversely Impacted Employers

Just this month, the National Labor Relations Board (NLRB or the Board) successively overturned four decisions that adversely impacted employers and were made while President Obama was in office. The earlier decisions expanded the definition of “joint employer”; scrutinized neutrally-worded work rules; required employers to notify and provide an opportunity to bargain to unions prior … Continue Reading

New York Paid Family Leave Law Becomes Effective Jan. 1, 2018

The New York Paid Family Leave law (NYPFL), which becomes effective Jan. 1, 2018, mandates that private employers provide coverage for certain types of employee leave. The benefits will be administered and payments made by the employer’s disability carrier (or by the employer if self-insured), in the same manner as disability benefits. Funding of the … Continue Reading

Philadelphia Becomes the First City to Prohibit Employers from Asking Applicants About Salary History

Employers who just last year revised their application forms to eliminate initial questions about past arrests and convictions, now have to revise them again to remove questions regarding current and past salary. On Jan. 23, 2017, Philadelphia’s mayor signed a wage equity ordinance (the Ordinance) which prohibits, among other things, employers from asking job applicants … Continue Reading

Workplace Implications of the Massachusetts Recreational Marijuana Law

On Nov. 8, 2016, Massachusetts voters passed Question 4, which legalizes the recreational use of marijuana (Recreational Use Law). The Recreational Use Law follows passage of a 2012 Massachusetts ballot question which legalized the medicinal use of marijuana. Please see our previous May 15, 2013 GT Alert, What Does the Massachusetts Medical Marijuana Act Mean … Continue Reading

OSHA Gets a Green Light: Court Refuses to Stop OSHA from Enforcing its New Anti-Retaliation Standards

On Nov. 28, 2016, the United States District Court for the Northern District of Texas declined to grant a nationwide preliminary injunction enjoining the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) from enforcing subparagraphs 1904.35(b)(1)(i), (iii), and (iv) of the final rule issued by OSHA titled “Improve Tracking Workplace Injuries … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading

“Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation

What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of Appeal was whether, because California vacation pay cannot be forfeited and must be paid out at termination, it therefore follows that the value of the … Continue Reading

Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements

In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.” In Morris v. Ernst & Young, LLP, No. 13-16599, D.C. No. 5:12-cv-04964 (9th Cir. August 22, 2016), … Continue Reading
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