Information and guidance on every phase of employment
Troutman Sanders has been closely monitoring the Centers for Disease Control and Prevention and other world authorities’ updates and recommendations regarding the novel coronavirus (COVID-19).
All Troutman Sanders’ lawyers and staff have been strongly encouraged to work remotely beginning Tuesday, March 17. Essential on-site services will be maintained in each…
Since we first covered it a few weeks ago, the outbreak of coronavirus (COVID-19) has had an unprecedented impact and is no longer simply making headlines. It has now begun interrupting the flow of business – impacting financial markets, disrupting travel plans, and forcing the cancellation of meetings and events.…
Q: My Company’s standard employment settlement agreement includes a no-rehire provision. Can I continue to include that provision for California employees?
A: If the agreement settles an employment dispute with an “aggrieved person,” you may no longer include a no re-hire provision in the agreement for California employees. Assembly Bill No. 749 (“AB 749”), which amends the California Code of Civil Procedure, became effective January 1, 2020 and provides that if an unlawful no-rehire provision is included in a settlement agreement, the provision is void as a matter of law. An “aggrieved person” is defined as a person who has filed a claim against the employer in court, before an administrative agency, in an alternative dispute forum, or through the employer’s internal complaint process.
Q. What should my company be doing to prepare for the spread of the coronavirus?
A. With the number of coronavirus cases topping 90,000 worldwide, resulting in more than 3,000 deaths across 65 countries, it is only a matter of time before the disease has some impact on normal business…
Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?
A. The United States Supreme Court recently declined to review an en banc Seventh Circuit decision in Kleber v. …
Q. My company has offices in Philadelphia and Pittsburgh. Is Pittsburgh’s new paid sick leave law the same as Philadelphia’s paid sick leave law?
A. Effective March 15, 2020, Pittsburgh will be joining Philadelphia and several other jurisdictions in requiring employers to provide sick leave to its employees. While these…
Q. Are employers allowed to ask employees about their salary history in Philadelphia?
A. The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional. In April 2018, a…
Q. I heard that job postings which impose a maximum experience requirement for external applicants may not violate certain provisions of the ADEA, at least in certain Circuits. Is that true?
A. The United States Supreme Court recently declined to review an en banc Seventh Circuit decision in Kleber v. …
Q: I heard New York is changing its rules around tip credits for some types of employees. What do I need to know?
A: A tip credit is a concept permitted under the Fair Labor Standards Act (“FLSA”) and many state laws. A tip credit allows employers to pay employees a cash wage of less than the minimum wage and take a tip credit up to a set amount. For example, under the FLSA, employers can pay tipped employees a minimum cash wage of $2.13 per hour, and take a tip credit of $5.12 per hour. If employees receive less than $5.12 an hour in tips, the employer must pay the employee the difference so that an employee always earns at least $7.25 (the minimum wage) per hour. Regardless of whether an employer takes a tip credit, all tips are the property of the employee. So, if an employer takes a tip credit and the employee makes more than $5.12 per hour in tips, the additional amount belongs to the tipped employee.
We are pleased to announce that Troutman Sanders and Pepper Hamilton have agreed to merge effective April 1, 2020. The new law firm, Troutman Pepper Hamilton Sanders LLP, or “Troutman Pepper,” will have more than 1,100 attorneys in 23 offices across the country.
Each firm brings a breadth and…
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