Much has been written cautioning employers about the twin holdings of Donohue v. AMN Services LLC, in which the California Supreme Court said on Feb. 25 that employers “cannot engage in the practice of rounding time punches … in the meal period context,” and a “rebuttable presumption of meal period violations” will apply when…

With the pandemic continuing to impact every-day operations of most businesses, opportunities to take advantage of the flexible spending account relief offered in the Consolidated Appropriations Act of 2021 (“CAA”), passed at the end of December 2020, may not be top of mind for most employers.  However, the numerous considerable benefits created by the CAA…

On Sept. 14, 2020, New Jersey Gov. Phil Murphy signed into law S2380, which creates a rebuttable presumption of workers’ compensation coverage for Coronavirus Disease 2019 (COVID-19) cases contracted by “essential employees” during the ongoing public health emergency. The law took effect immediately, and applies retroactively to March 9, 2020, when the governor first

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The California Labor Commissioner’s Office has challenged Uber and Lyft in two new state-backed lawsuits that allege that the companies have engaged in “wage theft” by misclassifying their drivers as independent contractors. Filed in Alameda County, the suits are the most recent effort to enforce A.B. 5, which arguably caused a sea change in the…

On March 18, new legislation was enacted in New York state to provide additional paid sick leave, as well as insurance benefits under paid family leave (“PFL”) and statutory disability (“DBL”) policies to employees subject to a mandatory or precautionary order of quarantine.

This legislation is limited to where there is a mandatory or precautionary …

The holidays are upon us, NYC is bustling with tourists, and, with the typical surge in business this time of year, employers may be thinking about adding a few employees to their December and January schedules. This GT Alert provides important considerations with respect to those seasonal employment offers, including minimum wage, sexual harassment training,…

The U.S. Department of Labor (DOL) final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees is effective Jan. 1, 2020.

Employers who have not yet begun or completed their audit and review of their employee classifications should immediately start the process…

The U.S. Department of Labor (DOL) on Sept. 24, 2019, announced a final rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) overtime exemptions for executive, administrative, and professional employees. The final rule, effective Jan. 1, 2020, will significantly impact businesses. Experts predict the rule could result in the reclassification…

On July 24, 2019, the city of Chicago enacted the Chicago Fair Workweek Ordinance, intended to “enact and enforce fair and equitable employment scheduling practices in the City of Chicago…” Most provisions of the Ordinance go into effect on July 1, 2020.

The Ordinance covers employers primarily engaged in building services, health care, hotel, manufacturing, …

Our January 2019 GT Benefits and Compensation Alert addressed the unprecedented level of potential liability for compliance failures in 401(k) and other retirement plans and the importance of performing a plan compliance review and correcting plan document or operational failures before an IRS auditor knocks on the door. Doing nothing and playing the audit lottery…