With Halloween just around the corner, many of us are preparing costumes, enjoying the fall chill in the air, and making plans for trick-or-treating. But employers should be prepared for one “trick” announced by the federal Department of Labor a few weeks ago: on September 24, 2019, the federal Department
NLRB Issues a Series of Employer-Friendly Decisions
By Leigh McMonigle on
Q. I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them?
A. Over the past few months, the Board’s Republican majority has issued a series of employer-friendly decisions. They involve various topics, including expansion of employer property rights, classification…
NLRB to Issue New Rules on Whether Student Workers Can Unionize
By Christopher Moran & Lee Tankle on
Posted in Labor, Uncategorized
Q. Are students who work in connection with their studies considered to be “employees” and therefore able to unionize?
A. In a significant development for private colleges and universities, the National Labor Relations Board (NLRB) announced that it intends to propose rules that would establish a “standard for determining whether…
Are You Ready for Your Summer Interns?
By Emily Schifter on
The days are getting longer, the temperatures are rising, and kids everywhere are counting down the days until summer vacation begins. For many employers, the change in the season brings another big shift: the arrival of summer interns.
Internship programs are great for employers and interns alike – interns gain…
U.S. Department of Labor Releases Long-Awaited Overtime Rule
By Evan Gibbs on
Last week, the United States Department of Labor (DOL) issued its long-awaited proposed change to the minimum salary threshold for the white-collar exemptions under the Fair Labor Standards Act. The new minimum salary threshold is $35,308/year (or $679/week).
This new rule is not finalized nor in effect now. Rather, the…
California Employers May Owe Reporting Time Pay To Employees Who Do Not Actually Report For Work
By Mark Payne & Kristalyn Lee on
In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even…
Should You Require Employees to Sign Arbitration Agreements? (Part 1)
By Emily Schifter on
Posted in Employment Laws, Labor
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the…
Why Should You Be Thinking About Your Employees’ Workplace Privacy?
By Emily Schifter on
Do you monitor your employees using technology? Would you consider making them wear wristbands or other devices capturing their every move?
This spring, news spread that Amazon had been granted two patents for a new wristband that appeared to be designed to do just that for its warehouse and fulfillment…
The Shifting Sands of the Joint Employer Test
By Evan Gibbs on
Posted in Employment Laws, Labor
The National Labor Relations Board is signaling yet another change to the joint employer test in its recent issuance of a new proposed rule. The Board has waffled back and forth on this important issue recently, creating a lot of uncertainty for employers. Here’s an explanation of what has been…
Falling Unemployment Rates for Disabled Adults May Signal More Labor Market Growth
By Emily Schifter on
Posted in Labor
On September 7, 2018, the U.S. Department of Labor’s Bureau of Labor Statistics announced the most recent employment numbers for the United States. As of August, total payroll employment had increased by 201,000, and the unemployment rate remained at 3.9%. The positive trend has also impacted an often-overlooked category of…