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  WORK AROUND THE CLOCK.Shaw Valenza LLP - November 24, 2009 Some people leave their jobs at the end of the day and do not even think about work until the next shift begins. Then, there is the rest of us. California's wage and hour laws are tricky, even as applied to workers on a traditional 9-5 schedule. The rules that apply to commuting, working at home, on-call time, and other incidental work performed during what is otherwise "free" time, vex even the wonkiest of employment lawyers. CALIFORNIA SUPREME COURT UPHOLDS INCENTIVE FORFEITURE.Shaw Valenza LLP - November 24, 2009 When it comes to properly paying employees, California law presents a minefield for the unwary employer. For example, wages must be paid in cash or in a form “negotiable and payable in cash” (e.g.., by check), without discount, within a specified time period after they are earned. Employees who quit or are terminated typically must be paid their final wages on their last day of employment or significant penalties may accrue. Once earned, wages cannot be forfeited, and it is illegal for an employer to recoup or collect from employees any part of wages already paid. Private agreements circumventing these rules are strictly prohibited. COLORADO Colorado Sexual Orientation Protection Rules.Jackson Lewis LLP - November 23, 2009 Colorado Sexual Orientation Protection Rules. CALIFORNIA The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California.Littler Mendelson, P.C. - November 20, 2009 In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash. With this decision, the California Supreme Court joined the courts of six other states that had concluded the Citigroup Capital Accumulation Plan complied with each state’s respective wage payment laws. D.C. District of Columbia Human Rights Act Held to Cover Non-D.C. Employees.Jackson Lewis LLP - November 19, 2009 Washington D.C.’s highest local court has pushed application of the District of Columbia Human Rights Act (“DCHRA”) well beyond the District’s geographic borders by including under the Act’s protection employees who had never applied for a job or worked within the District. Monteilh v. AFSCME, AFL-CIO, No. 06-CV-1155 (D.C. Sept. 17, 2009). Additionally, the District of Columbia Court of Appeals has made District-based employer decisions, including recommendations and approvals, about employees outside the District, potential bases for extraterritorial application of DCHRA’s protections. CALIFORNIA GOVERNOR SIGNS CALCHAMBER-SUPPORTED BILL PROTECTING BUSINESSES FROM MERITLESS LAWSUITS.Ballard Rosenberg Golper & Savitt - November 16, 2009 A California Chamber of Commerce-supported bill that protects businesses from meritless lawsuits was signed by Governor Arnold Schwarzenegger last week. CALIFORNIA NEW CALIFORNIA MILITARY LEAVE.Ballard Rosenberg Golper & Savitt - November 16, 2009 Governor Schwarzenegger just signed into law AB 485 - "Civil Air Patrol: California Wing: Employment Leave". NEW JERSEY New Jersey eAuthority (November 2009).Ogletree Deakins - November 12, 2009 New Jersey Prohibits Sex Offenders from Working for Youth Organizations; Proposed Amendment Redefines “Misconduct” for Unemployment Benefit Disqualification Purposes; NYS DOL Issues Required Notice and Acknowledgement Form that New York Employers Must Use When Hiring New Employees; “Nurse Coverage Plans” Mandatory for Involuntary Overtime in New York; Release Valid Under OWBPA Where Plaintiff Was Given Appropriate Time to Consider It, Notwithstanding He Signed It Immediately Due to His Own Poor Financial Condition; New Jersey Supreme Court Holds Defendants Cannot Recover Fees in CEPA and LAD Cases under Offer of Judgment Rule; ADEA Claim Fails Where Employer Had Numerous Reasons to Fire Employee; Age Clearly Not the “But For” Factor in Termination. CALIFORNIA The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California.Littler Mendelson, P.C. - November 12, 2009 In Schachter v. Citigroup, Inc., the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash. With this decision, the California Supreme Court joined the courts of six other states that had concluded the Citigroup Capital Accumulation Plan complied with each state’s respective wage payment laws. NEW YORK New York Labor Commissioner Approves Significant Changes to Wage and Hour Regulations.Jackson Lewis LLP - November 12, 2009 In March 2009, New York State Department of Labor Commissioner M. Patricia Smith convened a Wage Board to examine the Wage Orders currently applicable to New York State restaurant and hotel employers. In late September, the Wage Board proposed significant changes to the Wage Orders and provided the Commissioner with proposed language for a Wage Order combining the current restaurant and hotel industry wage orders. (See our article, New York State Wage Board Approves Revised Hospitality Industry Wage Order.) On November 5, 2009, Commissioner Smith issued an Order accepting many of the Wage Board’s recommendations, while rejecting the Wage Board’s proposed Wage Order.
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Employment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayWebinar: Changes to the ADA - Are Your Accomodations Reasonable?Webinar
December 3, 2009 ElarbeeLandmines, Trends and ToolsCharlotte
December 3, 2009 LittlerEnd of Year EthicsColumbus
December 3, 2009 LittlerClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & Harrison |
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