Attorney federal employment law

(3) Ninth Circuit: DOL's 80/20 Rule Does Not Deserve DeferenceThe U.S. Court of Appeals for the Ninth Circuit found that the DOL is not entitled to deference on a tip-credit policy. The Ninth Circuit ruled on nine consolidated cases in which employees claimed that a tip credit was improperly applied to times during which they performed non-tipped work. The plaintiffs relied on the Wage and Hour Division’s Field Operations Handbook, which interprets a Fair Labor Standards Act (FLSA) regulation on “dual jobs.” The guidance stated that employees must be paid full minimum wage for non-tipped work if that work exceeds more than 20 percent of their hours in a workweek. Creating a split with the Eighth Circuit, the Ninth Circuit found that the DOL's 80/20 rule is an attempt to “create a de facto new regulation” and does not deserve deference. … [Read more...] about Employment Law This Week September 18, 2017: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule

The Wage Act is enforced by the Massachusetts Attorney General, but also provides a private right of action for aggrieved employees.The Wage Act is a strict liability statute. Even if unintentional, or through a mutual arrangement between an employer and employee (i.e., a deferral of wages), an employer who fails to timely pay wages will be subject to mandatory treble damages and attorneys’ fees.At the time of termination, an employer must pay all unpaid wages earned to date, which includes the payment of any accrued, but unused vacation time (where the employer offers paid vacation time to employees).Certain agents and officers of a company are personally liable for violations of the Wage Act.The Wage Act also prohibits retaliation against employees who have exercised their rights under the statute.Earned Sick Leave.  Massachusetts adopted an Earned Sick Leave Law effective July 1, 2015.  Under the statute, all employees in Massachusetts are entitled to … [Read more...] about Employment Law in Massachusetts: What Out-of-Staters Need to Know

The agency may then deny relief or take one or more of the following actions: (1) order the employer to cease the reprisal; (2) order reinstatement of the employee to the position he or she held before the reprisal, with “the compensation (including back pay), compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person” had the reprisal not occurred; and/or (3) order the employer to “pay the [employee] an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the [employee] for, or in connection with, bringing the complaint regarding the reprisal.” … [Read more...] about Federal Stimulus Law Includes New Whistleblower Protections

Pre-Employment Inquiries/Background ChecksStatutory DevelopmentsThis year saw New Jersey "ban the box," a growing trend which refers to the elimination of the check box on job applications asking whether the applicant has a criminal history. The Opportunity to Compete Act, which takes effect March 1, 2015, covers any employer that (i) has 15 or more employees over 20 calendar weeks and (ii) conducts business, employs persons, or takes applications for employment within the State of New Jersey. Under the Act, an employer may not require an applicant to complete an employment application that makes any inquiries regarding an applicant's criminal record during the "initial employment application process." An employer also may not make any oral or written inquiry regarding an applicant's criminal record during the initial employment application process, or post any advertisement stating that it will not consider an applicant with a past arrest or conviction. … [Read more...] about 2014 Year in Review—the Top 10 Trends in New Jersey Employment Law

Concealed Weapons Law Developments Following last summer's adoption of the Illinois Fire Concealed Carry Act, employers seeking to prohibit individuals from bringing concealed weapons onto their private property are required to post a sign to that effect at building entrances. The Illinois State Police recently released proposed rules regarding the sign, which consists of a white background and a depiction of a handgun in black ink with a circle (of four inches in diameter) around the handgun depiction with a diagonal slash across the firearm in red ink. No text or other marking is contained in the sign, except the reference to the Illinois code section 430 ILCS 66/1. The sign must be posted clearly and conspicuously at the entrance to the property. A template of the approved sign is available here: https://ccl4illinois.com/ccw/Public/Signage.aspx … [Read more...] about 2014 Legislative Developments Re: Labor and Employment Law