Welcome and thank you for your interest in the 2020: The Year Ahead for Employers and the California Year-End Summary.
Archives for 2020
Federal Court Taps Brakes on New York’s Sweeping New Farmworker Labor Law
New York’s Farm Laborers Fair Labor Practices Act went into effect on January 1, 2020. Two days earlier, two agricultural business associations filed a challenge to the law in federal court requesting a temporary restraining order (TRO).
New York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement
Concluding that it too broadly defined “employer” and raised a myriad of due process concerns that subjected it to risks of unconstitutionality, on December 31, 2019, Governor Andrew Cuomo Governor Cuomo vetoed a bill that would have allowed a current or former employee (or the New York State Department of Labor), alleging “wage theft” by an employer, to place a lien on the employer’s interest in real or personal property for the value of the wage claim plus liquidated damages.
Company Challenges USCIS Authority to Approve H-1B Visas for Less Than Period Requested
After receiving several H-1B approvals for periods shorter than requested, IT consulting services company Flexera Global has sued USCIS in the federal court for the Southern District of Texas requesting an order directing USCIS to approve H-1B petitions for the periods requested.
New York State to Eliminate Tip Credit for All But Hospitality Industry Workers
In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage and take a “credit” for tips received by such employees to satisfy the state minimum wage requirements, according to an Order issued on December 31, 2019, by the Commissioner of the New York State Department of Labor (NYSDOL).
The PDI Connection Vol. 3, No. 1 – July 2019
Compass® Newsletter – Winter 2020
Articles in this issue D.C. Download Recruiting From Overlooked Employee Pools There’s an App for That! Risks and Tips Regarding Digital Workplace Apps
The SECURE Act, at Last
On December 19, 2019, the Senate passed, as part of the Further Consolidated Appropriations Act 2020 (Public Law No. 116-94), the Setting Every Community Up for Retirement Enhancement (SECURE) Act (Division O pg. H.R. 1865-604). It is touted as the most significant retirement act since the Pension Protection Act of 2006. President Trump signed the bill December 20, 2019.
Retail Industry Workplace Law Update – Winter 2020
This issue of our quarterly report takes a look back at the most significant class action developments of 2019. Topics include:
WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December Edition)
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us.
New York Governor Orders Elimination of the Tip Credit for Employers Subject to the Minimum Wage Order for Miscellaneous Industries and Occupations
For over a year, New York State employers harbored concerns that New York State would enact rules that would eliminate their ability to apply a tip credit towards the wages of employees who earn tips. The reason for this concern was that Governor Andrew M. Cuomo, as part of his 2018 State of the State address, directed the New York State Labor Commissioner to examine the impact of minimum wage tip credits. While it took over a year, the New York State Department of Labor (NYDOL) finally issued its long-awaited report over the New Years’ break and concluded that the tip credit should be eliminated for all employers subject to the provisions of the Minimum Wage Order for Miscellaneous Industries and Occupations.
Iowa Drug Testing Statute Provides Exclusive Remedy For Violations; Separate Wrongful Discharge Claim Is Barred
Addressing a matter of first impression, the Iowa Supreme Court determined that “when a civil cause of action is provided by the legislature in the same statute that creates the public policy to be enforced, the civil cause of action is the exclusive remedy for violation of that statute.” Ferguson v. Exide Technologies, Inc., et al, Case No. 18-1600 (Iowa Dec. 13, 2019). Therefore, a plaintiff who brings a claim for a violation of the Iowa drug testing statute cannot also bring a wrongful discharge claim based on the same conduct.
CCPA Is Here, and it Does Have Requirements for Employees, Applicants, etc.
Some business leaders and HR professionals may be waking up this morning not realizing they must provide a “Notice at Collection” to some or all of their employees and applicants under the new California Consumer Privacy Act (CCPA).