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Can Exempt Employees Earn Overtime Pay? [Wage & Hour FAQ]

Franczek Radelet P.C • December 13, 2018
Q. Our company’s busy season is coming up, meaning we will be asking employees to work longer hours. Our non-exempt employees will all receive overtime pay when they work more than 40 hours in a week. Some of them will actually end up earning more per week than some exempt employees. We would like to address this by offering extra pay to our exempt employees who work extended hours during the busy season. Can we do this without converting our exempt employees to non-exempt?

On and On It Goes: Preventive Care Coverage Updates Under the Affordable Care Act

Ogletree Deakins • December 13, 2018
The Affordable Care Act (ACA) introduced mandatory coverage for a wide array of preventive care services. Section 2713 of the ACA requires most health plans to provide coverage for various preventive care services without cost-sharing requirements (e.g., copayments, deductibles, or coinsurance).

eLABORate: Proactively Preparing for Pay Equity

Phelps Dunbar LLP • December 13, 2018
he Phelps Labor and Employment team presents a 2018 recap and guide to “Proactively Preparing for Pay Equity.” In this piece, readers will receive a brief history of pay equity, particularly gender pay gap concerns, recent litigation and government activity in the area, the representation of women in the workforce, as well a call to take action to evaluate pay equity and best practices. Click here or the image below to review the full piece.

Future Workforce — 2018 Thought Leadership Roundtable Report

Littler Mendelson, P.C. • December 13, 2018
The development and deployment of increasingly sophisticated artificial intelligence (AI), robots, and other automated systems are transforming workplaces globally, redefining needed workforce roles, skills, and jobs, and reinventing work itself. Big data, predictive analytics, deep learning, biometrics, algorithmic bias, blockchain tokens, and collaborative robot safety standards are just a handful of terms now becoming commonplace in human resource management. While technology has been “the” instrument of change for much of human history, its exponentially accelerating arrival, fueled by increasingly nimble robots, mining of big data, and the automation of predictive analytics through deep learning, is beyond anything experienced. At the same time, most workplace policies, regulations, and laws were established long before such changes were even foreseen.

Class Action Trends Report Fall 2018

Jackson Lewis P.C. • December 13, 2018
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

Post Incident Drug Testing

Goldberg Segalla LLP • December 13, 2018
On May 12, 2016, OSHA caused confusion and concern amongst employers in the preamble to 29 C.F.R. § 1904.35(b)(1)(iv) reporting requirements. The preamble appeared a prohibition, at the very least discouragement, of post-incident drug testing or policies. On October 11, 2018, OSHA provided a memorandum to clarify the Department’s position on post-incident drug testing. In particular, OSHA advises that

Colleges and Universities Must Continue to Recognize Student Unions (For Now)

Hirsch Roberts Weinstein LLP • December 13, 2018
On December 4, 2018, the National Labor Relations Board (the “Board”) held that the University of Chicago violated the National Labor Relations Act (the “Act”) by refusing to recognize and bargain with student library workers. In doing so, the Board side-stepped the question of the continuing applicability of its 2016 Columbia University decision, which recognized student assistants at private universities as employees with collective bargaining rights. That decision prompted a wave of student organizing, with resulting clashes between student unions and college and university administrations.

California Supreme Court Rebuffs Plaintiffs’ Attempt to Undo Their Agreements Waiving Second Meal Period

Jackson Lewis P.C. • December 13, 2018
The California Supreme Court has upheld the ability of California health care workers who work more than twelve hours a day voluntarily to waive their second meal period, rebuffing plaintiffs’ argument that their voluntary waivers were unenforceable. (Gerard v. Orange Coast Memorial Medical Center (Dec. 10, 2018) Case No. S241655.)

Suffolk County Enacts Salary History Ban

Goldberg Segalla LLP • December 13, 2018
On November 30, 2018, Suffolk County of Long Island, New York joined other municipalities and states across the country when it unanimously enacted the Restricting Information on Salaries and Earnings (RISE) Act, prohibiting employers in Suffolk County from requesting or seeking wage histories of job applicants during the interview and hiring process.

Updated Proposed New York Call-In Pay Regulations Released

Goldberg Segalla LLP • December 13, 2018
Just over a year has passed since the New York Department of Labor (DOL) released proposed regulations that would require employers to pay employees who are called in to work without appropriate notice or whose schedules are not set in advance, referring to this guarantee as “call in pay,” “on call scheduling,” or “just in time” pay

Ban the Box Legislation Continues to Gain Steam (Westchester County)

Goldberg Segalla LLP • December 13, 2018
The Westchester County Board of Legislation recently passed legislation banning the box — that is, removing the checkable criminal record box from employment applications. The law, which is expected to be signed by the Westchester County Executive and go into effect 90 days later, would prohibit inquiries about an applicant’s criminal conviction or arrest record on employment applications. Several states, counties, and cities across the nation have enacted Ban the Box legislation, and the trend is expected to continue to rise.

Texas Employers Take Notice: Proposed Bills For 2019

Fisher Phillips • December 13, 2018
The Texas Legislature does not officially convene until Jan. 8, 2019. But during the week of Nov. 12, Texas lawmakers got off to a furious start and submitted more than 600 bills to be considered during the 2019 legislative session. In the 2017 session, Texas legislators filed more than 10,000 bills and resolutions, of which approximately 10 percent became law. If 2017 is any indication, these early submissions are only a taste of the thousands of bills sure to be filed ahead of the March 8, 2019, bill-submission deadline. Many of the bills affect the workplace and carry the potential to significantly alter the landscape for both Texas employers and their employees. As such, it is critical that employers and their lawyers keep up to date with proposed legislation so they are not ambushed by new laws that may significantly affect the workplace.

5 Takeaways From Oregon’s New Pay Equity Regulations

Fisher Phillips • December 13, 2018
Weeks before the bulk of Oregon’s new equal pay law will take effect, the state Bureau of Labor and Industries released implementing regulations to clarify the obligations that will soon be borne by the state’s employers. Employers with operations in Oregon will want to review and familiarize themselves with these regulations before the January 1 effective date. Here are the five things you need to know about the new rules, along with a list of five action items for you to consider in advance of the new year.

Washington Paid Family And Medical Leave Is Imminent: Are You Ready?

Fisher Phillips • December 13, 2018
Washington employers, get ready. Starting January 1, 2019, the state’s Employment Security Department (ESD) will begin collecting premium payments from employers so the historic Paid Family and Medical Leave (PFML) program can be implemented. While the benefits will not be able to be accessed by workers until 2020, don’t be fooled into thinking that you still have another year to prepare for this new law; you need to begin your preparations now. What do Washington employers need to know to get ready?
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