Carothers DiSante & Freudenberger LLP • May 03, 2016
Yesterday, the Ninth Circuit issued its decision in Corbin v. Time Warner-Advance Newhouse, rejecting an employee’s claim that he was unlawfully denied compensation for hours worked due to his employer’s poilcy of rounding time entries to the nearest quarter hour. The Ninth Circuit further rejected the employee’s claim that the trial court erroneously denied class certification on the rounding claim.
Ogletree Deakins • May 03, 2016
On April 17, 2016, Pennsylvania Governor Tom Wolf signed Senate Bill 3 (SB3), otherwise known as the Medical Marijuana Act, which legalizes the prescription and use of medical marijuana by persons with a “serious medical condition” in the Commonwealth of Pennsylvania. Under Pennsylvania’s Medical Marijuana Act, only persons with a specified “serious medical condition” may be prescribed or use medical marijuana, and recreational use of marijuana remains prohibited. The act, which includes certain provisions specific to employers, will go into effect on May 17, 2016, leaving little time for employers to become familiar with the requirements set forth in this lengthy law. Fortunately, these employer-specific provisions can be succinctly described as follows: (1) An employer may not discriminate against an employee based solely on the employee’s status as an individual who is certified to use medical marijuana; (2) certain exceptions to the antidiscrimination provision exist; and (3) employers are not required to accommodate the use of medical marijuana in the workplace.
Shaw Valenza LLP • May 01, 2016
When Governor Brown signed Senate Bill 3 into law on April 4, 2016, California joined New York as the first states in the nation with a plan to implement a $15 per hour minimum wage. The news stories over simplify the new law, which not only phases-in minimum wage increases over several years, but also includes some potential delays and different schedules based on business size. Employers therefore have time to plan for the economic effects on the cost of running their businesses.
Ogletree Deakins • May 01, 2016
On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least $20 per hour from January 1, 2017, through January 1, 2022, at which point the minimum wage would revert to the state’s current minimum wage.
Jackson Lewis P.C. • May 01, 2016
The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The measure, launched by City Council President Rolando Lavarro, Jr., and backed by Mayor Steve Fulop, seeks to mandate that employers provide certain building services employees with at least 30 hours of work per workweek.
Jackson Lewis P.C. • May 01, 2016
The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing facility within the jurisdiction of the City that does not correspond to the person’s biological sex. The ordinance defines biological sex as the sex “stated on a person’s birth certificate.”
Jackson Lewis P.C. • April 29, 2016
California has many requirements for the content of an employee wage statement, including this year’s new requirements for employees paid by a piece rate. Employees paid by piece rates must be separately compensated for rest and recovery periods and, where the employee does not earn at least minimum wage in addition to the piece rate, must be separately paid for non-productive time. The amount of time for these periods, the applicable rates of pay, and gross wages for these periods is required to be on the wage statement.
Jackson Lewis P.C. • April 28, 2016
A bill making its way through the New Jersey legislature provides that an employee may request, and an employer must consider, changes to work hours, work locations, and more consistent work hours, among other terms and conditions of employment, as a matter of right. The employer, in turn, must engage in a “good faith interactive process” to consider the employee’s request and explain the basis for any denial.
mployers in Los Angeles and Chicago may need to comply with new sets of paid sick leave rules based on proposed amendments to local minimum wage ordinances. Paid leave expansion in these municipalities is part of a larger, national trend, with California employers experiencing a particularly eventful year. The increase in paid sick leave protections has been checked by a rise in state preemption legislation and by the vocal opposition of prominent business groups, often representing small employers or certain affected industries.
Ogletree Deakins • April 28, 2016
On February 17, 2016, the California Department of Fair Employment and Housing (DFEH) announced that it was issuing a guidance on how to comply with the Fair Employment and Housing Act (FEHA), which was geared toward California employers that employ transgender employees. The new one-page guidance, “Transgender Rights in the Workplace,” defines “gender expression,” describes two kinds of gender transitions, provides answers to three frequently asked questions for employers, and describes how to file a pre-complaint inquiry with the DFEH.