Information and guidance on every phase of employment
Q. What are my company’s obligations under the California Consumer Privacy Act?
A. The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent contractors, or receive job applications from California residents must…
The Trump administration’s tough stance on enforcing employer compliance continues. Last year, there were a number of highly publicized raids, including the following:
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Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?
A. On October 1, 2019, a three-judge panel of the Ninth Circuit Court of Appeals ruled that McDonald’s Corporation was not liable as a joint…
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…
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…
Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?
A: In July 2019, President Trump tweeted that certain Democrat congresswomen “who originally came from countries…
Q: I heard New York prohibits employers from discriminating based on hairstyle. What does that mean?
A: In July 2019, New York State passed legislation that amended the definition of race under the New York State Human Rights Law (“NYSHRL”) to include “traits historically associated with race, including, but not…
Q. A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline. Does the FLSA require my company to account for these third-party bonuses when calculating the regular rate of pay for overtime purposes?
A. The answer…
Q. Has the salary threshold increased for exempt status under the Fair Labor Standards Act?
A. On September 24 — more than five years after the Obama administration first proposed updating the overtime regulations of the Fair Labor Standards Act (FLSA) — the U.S. Department of Labor (DOL) released the…
On September 18, 2019, California Governor Gavin Newsom signed into effect the much-anticipated AB-5 Bill, which imposes heightened standards when assessing whether to classify workers as independent contractors rather than employees. AB-5 will drastically affect California employers with workforces heavily reliant on independent contractors by forcing them to re-classify…
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