Does your organization require employees to call-in before a scheduled shift to determine if an employee actually needs to report to work that day? If the answer is yes, then this new California Court of Appeals case imposes new reporting time pay requirements on your organization.
In a recent case (Ward v. Tilly’s Inc.), the California Court of Appeals has held that employers who require employees to call-in prior to a scheduled shift to determine whether the employee is needed that day, is required to pay the employee reporting time pay (at a minimum for 2 hours of work) even if the employee is told that he does not need to work that day.
This case arises from a scheduling policy of a retailer (Tilly’s). Under the policy, employees were required to call in approximately two hours before the start of a scheduled shift to determine whether they needed to come to work for that shift. If the employee was told to come into work, the employee was paid for his scheduled shift. However, if the employee was told not to come into work, the employee received no pay for the day. Continue reading NEW CASE: Major Changes to California’s Reporting Time Pay Requirements
On February 4, 2019, New Jersey Governor Phil Murphy signed A15 into law –making New Jersey the latest state to jump on the $15 per hour minimum wage bandwagon.
Under this new law, New Jersey’s minimum wage will increase as follows:
- July 1, 2019 — increases to $10.00 per hour
- January 1, 2020 — increases to $11.00 per hour
- January 1, 2021 — increases to $12.00 per hour
- January 1, 2022 — increases to $13.00 per hour
- January 1, 2023 — increases to $14.00 per hour
- January 1, 2024 — increases to $15.00 per hour
The minimum wage rate for tipped employees will also increase as follows:
- July 1, 2019 — increases to $2.63 per hour
- January 1, 2020 — increases to $3.13 per hour
- January 1, 2021 — increases to $4.13 per hour
- January 1, 2022 — increases to $5.13 per hour
- January 1, 2023 — increases to $5.13 per hour
- January 1, 2024 — increases to $5.13 per hour
It is recommended that all New Jersey employers prepare for these increases.
On January 25, 2019, New York Governor Andrew Cuomo signed The Gender Expression Non-Discrimination Act (GENDA) into law. This new law amends the New York State Human Rights Law (NYSHRL) by adding gender identity and gender expression to the list of protected classes. With this addition, discrimination in the workplace based on an individual’s gender identity or gender expression is now prohibited.
“The term “gender identity or expression” means a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender”.
What does this mean for employers?
- Employers will have to develop and implement new anti-discrimination policies and anti-harassment policies.
- Make sure anti-discrimination/anti-harassment training programs address gender identity or expression discrimination.
- Training managers on detecting such discrimination will be needed.
- Education/train employees on the forms of harassment and discrimination.
- Provide reasonable accommodation if needed.
Philadelphia Mayor Jim Kenney recently signed the Fair Workweek Employment Standards Ordinance into law. The new law, which goes into effect on January 1, 2020, will impact employee scheduling if the employer:
- Is in the retail, hospitality, or food service industries;
- Has 250 or more employees (including full and part-time); and
- Has 30 or more locations worldwide in.
Employers must provide newly hired employees a “Good-faith” estimate of their work schedule which includes:
- The average number of work hours the employee can expect to work each week over a typical 90-day period.
- The expectation to work any on-call shifts,
- Days and times the employee can typically expect to work and when they can expect to be off work.
- A written work schedule through the end of the currently posted work period (provided before the first day of work).
Continue reading NEW LAW: Predictive Scheduling Coming to Philadelphia
This past fall, California enacted Senate Bill 1343, a law that greatly expands the sexual harassment training requirements (AB 1825 training requirements) in California.
As we previously reported (in”NEW LAW: New Sexual Harassment Training Requirements For California Employers“), this law requires California employers with five or more employees provide sexual harassment training to both non-supervisory and supervisory employees (including all temporary and/or seasonal employees) as follows:
- Existing Non-supervisory Employees: At least 1 hour of sexual harassment training by January 1, 2020. Thereafter, sexual harassment training must be provided once every two years.
- Non-supervisory Employees hired after January 1, 2020: At least 1 hour of sexual harassment training within 6 months of the employee’s hire date. Thereafter, sexual harassment training must be provided once every two years.
- Temporary or Seasonal Employees: At least 1 hour of sexual harassment training within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months.
- NOTE: If the employee is employed by a temporary services employer, the training must be provided by the temporary services employer, not the client.
- Existing Supervisory Employees: At least two hours of sexual harassment training must be provided by January 1, 2020. Thereafter, sexual harassment training must be provided once every two years.
- Supervisory Employees hired after January 1, 2020: At least 2 hours of sexual harassment training within 6 months of the employee’s hire date. Thereafter, sexual harassment training must be provided once every two years.
Continue reading CALIFORNIA EMPLOYERS — Be Sure To Reset The Clock On Employee Sexual Harassment Training
Paid sick leave is coming to Michigan (at least for employers who employ more than 50 employees) — thanks to the Michigan Paid Medical Leave Act. (For an overview of the Paid Medical Leave Act, please see “NEW LAW: Michigan Amends Earned Sick Time Act“)
In anticipation of this new law, LARA (Michigan’s Department of Licensing and Regulatory Affairs) recently published FAQs relating to the Paid Medical Leave Act and also released the new required poster, which covered employers must post in the workplace.
One of the most important questions answered in the FAQs is addressing when the new Paid Medical Leave Act takes effect. According to LARA, the new law will take effect on March 29, 2019. Continue reading NEW GUIDANCE: FAQs Regarding Michigan’s Paid Medical Leave Act Published
Good news for certain California trucking companies — California’s meal period and rest break requirements no longer apply to truck drivers who are regulated by the U.S. Department of Transportation’s hours-of-service requirements.
How did this happen?
To understand how this happened, we need to first give a brief history of this issue.
California’s meal period and rest period laws are quite onerous – especially for trucking companies. These laws require all California employers provide employees with a duty-free 30-minute meal period to begin before the employee completes five hours of work; employers must also provide paid 10-minute duty-free rest breaks for every four-hour work period or “major fraction thereof.” Among the problems that trucking companies have with complying with these requirements is actually proving compliance with the requirements. How does one prove that a driver actually took the rest and/or meal period? Continue reading NEW DEVELOPMENT: Certain Truck Drivers Exempted From California’s Rest and Meal Period Requirements
In a recent case (Barker v. Insight Global), the California Court of Appeals has held that non-solicitation clauses (i.e. a contract provision that restricts former employees from soliciting former co-workers) in employment agreements are unenforceable. This is the second California Court of Appeals to reach this conclusion in less than six months (the previous case was AMN Healthcare, Inc. v. Aya Healthcare Services).
In both cases, the Court concluded that non-solicitation clauses in employment agreements constitute an unlawful restraint on trade and are therefore unenforceable.
It is recommended that all California employers review their employment-related agreements and remove any non-solicitation clauses.
In a recent decision (SuperShuttle DFW, Inc.), the NLRB has overruled a 2014 decision (FedEx Home Delivery) and reinstated the common law independent contractor test as the standard the NLRB will use when evaluating whether an independent contractor is properly classified.
In its 2014 FedEx Home Delivery decision, the NLRB had issued a new independent contractor test decided that, in determining whether an individual is an independent contractor or an employee, “entrepreneurial opportunity represents merely ‘one aspect of a relevant factor that asks whether the evidence tends to show that the putative contractor is, in fact, rendering services as part of an independent business.’”
This new decision (SuperShuttle DFW, Inc.), the NLRB has returned to the common law test to determine whether an individual is an independent contractor (and thereby not a covered individual for purposes of the NLRA). These factors include: Continue reading NEW CASE: NLRB Changes Its Independent Contractor Test
As we previously reported (in “NEW LAW – Paid Family and Medical Leave Coming to Massachusetts“), starting in 2021, employees will be able to begin collecting paid family and medical leave benefits.
While the Massachusetts Department of Family and Medical Leave is not required to publish its proposed regulations relating to the Massachusetts Paid Family and Medical Leave Law until March 31, 2019, it has published FAQs for both employers and employees relating to the new program.
These FAQs clarify some of the questions that people have had about this new program — most importantly —
- What are the employer’s contribution limits?
- The employer’s contribution will be limited to 0.63% on the first $128,400 of an individual’s annual earnings ( this figure may be adjusted annually)
- When in 2021 employees are able to start collecting these benefits
- On January 1, 2021, employees can begin claiming benefits for bonding with a child or newborn; service-member related events; and dealing with the employee’s own serious health condition; and
- On July 1, 2021, employees can begin claiming benefits to care for a family member with a serious health condition.
The FAQs can be found here for employers and here for employees.