This year, New York City and New York State advanced a series of legislative and regulatory proposals affecting New York’s businesses and their employees. Following four public hearings across the state, the New York State Department of Labor (DOL) proposed regulations that would expand the current “call-in” regulations by requiring two weeks’ advance notice of
Compensation
Are Employers Ready for Arizona’s New Paid Sick Leave Law?
On July 1, 2017, Arizona’s new sick leave law goes into effect and employers with even one employee in Arizona may need assistance to navigate the new laws and to review and revise policies, practices, and recordkeeping to comply. As a mere start, there are seven key aspects of this new law that Arizona employers…
“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…
Massachusetts Enacts Comprehensive Pay Equity Law
On Aug. 1, 2016, Massachusetts Governor Baker signed into law the “Act to Establish Pay Equity.” The new law is intended to address the gender wage gap by strengthening the pay disparity prohibitions under existing law. The Pay Equity Act also provides employers the opportunity to assert an affirmative defense to wage claims based on…
Recent Florida Supreme Court Decisions on Workers’ Compensation Could Lead to Higher Premiums
In two long-awaited decisions, the Florida Supreme Court declared several provisions of the state’s workers’ compensation statutes unconstitutional, weakening legislative reforms approved in 1994 and 2003 intended to curb the system’s growing costs and higher premiums for employers and businesses. The rulings, in Castellanos v. Next Door Company and Westphal v. City of St. Petersburg…
The New Overtime Regulations and Their Impact on the Salary Basis Test
As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement. Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per…
Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions
Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), addressing class claims for overtime compensation certified under Federal Rule of Civil Procedure…
2015 California Employment Law Legislative Update
At Greenberg Traurig, we live our motto “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although California presents opportunity, it also presents an often unique set of employment risk propositions, and these risks are often just one set among a constellation…
IRS Chief Counsel: CA Waiting Time Penalties Are Not Wages
For years now, Section 203 of the California Labor Code has required employers to pay a penalty for willful failure to provide a departing employee with their final wages on their last day of employment (or within 72 hours for employee who suddenly quit). The amount of this penalty, often referred to as “waiting time…
Post-Shift Security Screenings Not Compensable Under FLSA
Written by Laurent Badoux and Christiana L. Signs
In a much anticipated decision this week, the Supreme Court held that activities that occur before or after a work shift are not compensable unless they are “intrinsic” to employees’ principal work duties. The decision restored a measure of predictability regarding the scope of compensability for pre-…