Executive Summary: For a foodie, there’s no greater place to be than in New York.
Resource Update: 50-State Survey Provides Overview of State Voting Leave Laws
In light of the upcoming Presidential election, employers may be wondering what their rights and obligations are regarding providing employees with time off to vote. Although federal law does not require private (nongovernmental) employers permit employees to take time off from work to vote, most state laws provide some form of voting leave. Because voting leave laws vary by state, it is important for employers to review their state’s voting leave laws and adjust their policies accordingly.
DOL Issues Final Rule on Paid Sick Leave for Employees of Federal Contractors and Subcontractors
Executive Summary: On September 29, 2016, the U.S. Department of Labor (DOL) acted on President Obama’s Executive Order 13706 (EO) and released a final rule implementing the requirements for federal contractors and subcontractors to provide employees with paid sick leave (Final Rule). Specifically, contractors must provide one hour of paid sick leave for every 30 hours worked on or in connection with a covered contract, for at least 56 hours per year, and subject to certain limitations. The requirements will take effect for covered contracts entered into on or after January 1, 2017.
UPDATE: Compliance Date Extended for Electronic Travel Authorization Requirement for Visa-Exempt Travelers to Canada
The compliance date for Canada’s new Electronic Travel Authorization (eTA) requirement, which was set to become effective September 29, 2016, has been extended until November 9, 2016, to minimize travel disruptions and give travelers and airlines more time to prepare for changes when flying to or transiting through Canada. Starting November 10, 2016, all visa-exempt travelers will need an eTA to board their flight unless specifically exempted (like U.S. citizens and other categories of travelers).
Minimum Wage for Certain Federal Contractors Increases to $10.20 Effective January 1, 2017
The Department of Labor (DOL) has announced that the minimum wage for employees performing work on certain federal contracts will increase to $10.20 per hour beginning January 1, 2017. Additionally, the minimum cash wage that generally must be paid to tipped employees of covered federal contractors will increase to $6.80 per hour effective January 1, 2017. This increase is in accordance with the requirements of Executive Order 13658, Establishing a Minimum Wage for Contractors, signed by President Obama on February 12, 2014.
Sixth Circuit Upholds Jury Award Of Compensatory Damages Against CRA Under The FCRA For Negligence, But Vacates Punitive Damages Award
Executive Summary: The Sixth Circuit Court of Appeals in Smith v. LexisNexis Screen Solutions, Inc., __ F. 3d ___, 2016 WL 4761325 (6th Cir. September 13, 2016), recently upheld a jury verdict in favor of a plaintiff in a Fair Credit Reporting Act (FCRA) case, who was initially denied a job due to an error made by LexisNexis Screen Solutions, Inc. (Lexis) in performing a background check. The Sixth Circuit found that the evidence supported the jury’s verdict that Lexis was negligent and upheld the $75,000 compensatory damages award, but found no evidence of willfulness and reversed the punitive damages award.
Revised I-9 Form Approved But Not Yet Released
USCIS has announced that a new I-9 form has been approved, but has not yet been released. The Office of Management and Budget (OMB) has approved the new form and must publish it by November 22, 2016. Employers may continue to use the current version (Form I-9 with a revision date of 03/08/2013) until January 21, 2017. After January 21, 2017, all previous versions of Form I-9 will be invalid. We will provide more information regarding the new form as information becomes available.
HOME CARE PROFESSIONALS SERIES Part 4 – How Do You Construct WPA Creditable Benefits?
Executive Summary. Home care agencies in New York are experimenting with different packages of additional wages and benefits to meet the State’s Wage Parity Act requirements. This Act requires a minimum wage rate of $10.00 per hour and additional wages or benefits – a $4.09 per hour package in NYC and a $3.22 package in Nassau, Suffolk and Westchester counties (the “WPA Package”).
Effective September 29, Certain Visa-Exempt Travelers to Canada Must Have an Electronic Travel Authorization to Enter the Country by Air
Executive Summary: A change to Canadian law that will take effect September 29, 2016, could have a significant impact on airline industry employers, as well as those in other industries whose employees frequently travel by air to Canada. The change will require all visa-exempt nationals (other than U.S. citizens) entering or transiting through Canada by air to have a valid electronic Travel Authorization (“eTA”) to board their flights.
Drafting Enforceable Separation Agreements and Releases Under the FMLA
Can you ask employees to waive FMLA rights? Depending on whether those rights are “prospective” or not, the answer might be “Yes,” at least in Eleventh Circuit. The Eleventh Circuit recently issued a decision interpreting, for the first time, the meaning of the term “prospective” as applied to the Family and Medical Leave Act’s (FMLA’s) prohibition of the waiver of prospective FMLA rights. In the past, when clients would ask about having an employee waive their FMLA rights in a separation agreement or settlement agreements, we would tell them, “Yes…but…you would arguably have to have it approved by the Department of Labor (DOL) or a court” for the release to be truly valid and not subject to being voided.
EEOC Issues New Enforcement Guidance Regarding Retaliation Claims
Executive Summary: The EEOC has issued its final Enforcement Guidance regarding retaliation claims. The Enforcement Guidance emphasizes the agency’s broad interpretation of the protections afforded to employees who participate in EEO proceedings or complain about discriminatory practices.
New IRS Procedure for “Late” Rollovers
In Revenue Procedure 2016-47, which was released by the Internal Revenue Service on August 24, 2016, the IRS prescribes eleven circumstances in which taxpayers may qualify for automatic extension of the 60-day deadline for completing a rollover to an IRA or to an employer’s tax-qualified plan. The procedure described in the Revenue Procedure is effective starting August 24, 2016.
Ninth Circuit, California Appellate Court Take Aim at Arbitration Agreements
Executive Summary. The Ninth Circuit and the California Court of Appeal have each issued decisions that may fundamentally affect how employers deal with arbitration agreements in the future. In Morris v. Ernst & Young, the Ninth Circuit held that it is unlawful to require an employee to sign an arbitration agreement that includes a class action waiver. In Esparza v. Sand & Sea, Inc., the California Court of Appeal refused to enforce an arbitration provision that was contained only in an employee handbook.
NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are “Employees” Under The National Labor Relations Act
Executive Summary: In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law employment relationship with a private university, are statutory employees under the National Labor Relations Act (NLRA) and are entitled to its protections.
Labor Department Settles Overtime Pay Dispute with Its Own Employees
Executive Summary: The Department of Labor (DOL) has agreed to pay $7 million to resolve claims that it failed to pay overtime to thousands of its own employees. The settlement reached with the American Federation of Government Employees Local 12 (AFGE), which represents approximately 3,000 federal employees in the Washington metro area, brings closure to longstanding allegations claiming the DOL failed to properly compensate employees.