Information and guidance on every phase of employment
Q. Can my Company use an applicant’s salary history to set their current pay rate?
A. Not for employees in the Ninth Circuit Court of Appeals (covering California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon and Washington). In a case decided the day before Equal Pay Day, the Ninth Circuit…
Q. I heard that the U.S. Supreme Court just issued a ruling finding that auto service workers are exempt from overtime pay. My company is not in the automobile industry. Will this opinion apply to us?
A. The U.S. Supreme Court issued an opinion this week in Encino Motorcars, LLC v. Navarro, finding that auto service workers – those employees who interact with customers and sell them services for their vehicles – are exempt from overtime pay under the Fair Labor Standards Act (FLSA). While the decision directly impacts this small category of jobs, the opinion will have a much more far-reaching impact, since the Court rejected long-standing precedent that exemptions must be construed narrowly against the employer.
Q. If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination?
A. While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled that a single age-related comment was insufficient for an employee to prevail on an age discrimination claim.
Q. I have employees in Massachusetts. Do I need to pay for accrued sick leave upon termination?
A. In a recent opinion, the Massachusetts Supreme Judicial Court followed the lead of most other jurisdictions in finding that sick pay does not constitute wages under the Massachusetts Payment of Wages Law. Unlike accrued and unused vacation, which is considered to be wages and must be paid at termination, Massachusetts employers are not required by statute to pay out accrued but unused sick pay to employees upon termination of employment.
Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from home while sick?
A: The practice of working remotely or telecommunicating has become increasingly popular given technological advancements like smart phones, videoconferencing, and instant messaging services. While telecommuting provides several benefits for employers and employees, it can also create new challenges such as when employees opt to work from home while sick.
Q: I have employees working in Maryland. What do I need to know and do in order to comply with Maryland’s new paid sick leave law?
A: The Maryland Healthy Working Family Act (the “Act”) went into effect on February 11, 2018. In short, the Act requires employers with 15 or more employees working in Maryland to provide paid sick and “safe” leave for qualified employees. Employees eligible for paid leave are entitled to be paid at the same rate the employee normally earns. Employers with 14 or fewer employees are required to provide unpaid sick and safe leave. All covered employers with employees whose primary work location is in Maryland are required to provide earned leave, regardless of where the employer is located.
Q. What can my company do to reduce the threat that one of our employees may cause a cyberattack?
A. In September 2017, Equifax announced that hackers had gained access to the confidential information of more than 145 million consumers, almost half of the U.S. population. Recent cases suggest that employers could be subject to liability when one of their employees causes a data breach by either knowingly or negligently revealing sensitive employee or customer data. In March 2016, for example, Snapchat announced that someone posing as the company’s chief executive officer obtained employee payroll data about 700 employees. More than seven other companies were tricked by similar phishing attacks that same year.
Q: I am a New York City employer. What do I need to know about the amendments to the law regarding accommodations?
A: Effective October 15, 2018, employers in New York City will be required to engage in a “cooperative dialogue” with a person who has requested accommodation or who the employer has notice may require an accommodation. This new requirement stems from an amendment to the New York City Human Rights Law (“NYCHRL”).
Q. Has the #MeToo Movement led to any changes on how companies settle harassment complaints?
A. While there are numerous legislative initiatives on the horizon intended to change how employers handle harassment complaints in light of the #MeToo Movement, the most significant federal change is a little known revision to the Tax Code recently enacted.
Q. Have there been any recent changes to the overtime pay rules that we have to be concerned about?
A. Currently, under both federal and Pennsylvania law, to be exempt from overtime under the “white collar exemptions,” an employee must meet both the salary basis test and the duties test, meaning they must make more than a certain amount weekly and perform certain identified duties. The salary threshold has been stagnant for decades. In 2016, however, the Department of Labor (DOL) announced new regulations that would increase the salary threshold from $23,660 annually ($455 per week) to $47,476 (or $913 per week). The regulations however, fell short of becoming law when a federal court in Texas enjoined the DOL from implementing it, only weeks before it was set to go into effect. Today, the federal law remains in limbo, with speculation that new regulations will be issued raising the salary test to less than the previously anticipated increase, although the exact amount remains unclear.
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