Labor employment

Among his first acts on Inauguration Day, President Trump signed an Executive Order entitled “Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal.” That same day, the White House also issued a memorandum to the heads of executive departments and agencies entitled “Regulatory Freeze Pending Review.” The Regulatory Freeze Memorandum directs that, except for “emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters,” no new regulation may be sent to the Office of Federal Register (OFR) until a department or agency head appointed or designated by President Trump has reviewed and approved the regulation.In addition to the ban on new regulations, the Regulatory Freeze Memorandum also weighs in on the administration’s intentions with respect to: (i) regulations that have been sent to the OFR but not published in the Federal Register, and (ii) … [Read more...] about What the Initial Presidential Actions Mean for Labor, Employment, and Benefits Compliance

With the onset of a new year, employers must be aware of new laws scheduled to take effect in 2011. Most importantly, employers should be aware that their 2010 California and federal notices posters are now outdated, and certain employers may be required to include additional postings.Specifically, all employers should be aware that there are new 2011 versions of the required federal posters, including but not limited to, "Federal Minimum Wage," "Equal Employment Opportunity is the Law," and "Safety and Health Protection on the Job." Additionally, there are new 2011 versions of California required posters such as "California Minimum Wage," "Your Rights Under USERRA (Veterans Benefits)," and "Notice Employee Polygraph Protection Act" posters, among others. All employers must have these posters displayed at each work site in an area accessible to all employees and applicants. Therefore, it is important to make sure that new 2011 versions are posted immediately. Employers may be required … [Read more...] about New Year, New Posters, New Laws: Labor & Employment Law Updates

There has been significant activity this spring at both the state and federal levels with respect to laws governing employers. The following alert provides a brief update with respect to some of these legislative developments that could have an impact on your organization’s policies and procedures.Legislation Banning Employers from Asking for Social Media Account PasswordsEarlier this week, Maryland became the first state to pass legislation banning employers from asking for employees’ and job applicants’ personal social media site passwords. Other states have proposed similar legislation. In addition to barring employers from requesting or requiring usernames or passwords to personal online websites such as Facebook, Maryland’s legislation, which has been sent to the state’s governor for signature, prohibits employers from taking or threatening to take disciplinary action against employees or applicants who refuse … [Read more...] about Labor & Employment: Statutory and Regulatory Alert – April 16, 2012

In yet another decision that may have a sweeping impact on employers who perform work in California, the California Supreme Court has held that the overtime provisions of the California Labor Code apply to out-of-state employees who temporarily work in California for a California-based employer. In Sullivan v. Oracle Corp., ---P.3d ----, 2011 WL 2569530 (Cal.), the Court concluded that “California’s overtime laws apply by their terms to all employment in the state, without reference to the employee’s place of residence” and finding that “[t]o exclude nonresidents from the overtime laws’ protection would tend to defeat their purpose by encouraging employers to import unprotected workers from other states.”The holding applies to California’s rules requiring that non-exempt employees be paid daily overtime and double time under California law. The Court noted that it was not deciding a host of issues—most significantly the application … [Read more...] about Labor & Employment Law Alert – California Overtime Provisions Apply to Work Performed in California by Non-Resident Employees

This past year, the California Legislature enacted a number of new laws that either took effect immediately or will become effective in 2016. Among the most significant are the following:AB 1506: Employers Given Time to Fix Wage ErrorsAssembly Bill No. 1506, signed as an urgency law earlier this year, immediately amended the California Private Attorneys General Act of 2004 ("PAGA") to allow employers to cure certain technical violations of the wage statement requirements of California Labor Code Section 226. The new law specifically addresses only the wage statement requirements of listing the inclusive dates of the pay period and the name and address of the legal entity that is the employer. Upon receiving written notice from an aggrieved employee alleging that a wage statement did not comply with these specific requirements, an employer now has the ability to cure the alleged defects within a 33-day period. If the employer does so, no civil PAGA action can commence. The … [Read more...] about 2016 Labor & Employment Law Update for California Employers