Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions overturned previous rulings that the time spent by employees in post-shift security screens was not […]
The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30. The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found here. As we previously reported on here and here, Judge Tanya Chutkan had directed the […]
On April 25, U.S. District Judge Tanya Chutkan issued a ruling accepting the EEOC’s proposal (which we previously reported on here) that employers who file EEO-1 reports must submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. In addition, Judge Chutkan ordered the EEOC to collect a second year of […]
The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to submit wage data broken down by race, sex, and ethnicity by Sep. 30, 2019. This […]
A recent Memorandum issued by the General Counsel (GC) of the National Labor Relations Board (NLRB) (GC 19-04, February 22, 2019), discusses issues of importance to all employers and in particular to employers that have union contracts that provide for union dues-checkoff. In the Memorandum, the GC reminds the NLRB Regions that the Labor Management […]
On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to update the minimum salary threshold under the Fair Labor Standards Act – an update that would make approximately a million more workers eligible for overtime pay. The DOL released the details on its website[1] ahead of […]
Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so doing, the Court ordered the practice to pay $50,000 in back wages and liquidated damages […]
California law provides that a payroll service provider cannot be held liable for labor code violations – but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll service provider is a third-party beneficiary of the employer’s contract with the employee. On December […]
This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not know, the tip credit permits an employer to pay its tipped employees not less than […]
San Antonio followed Austin as the second city in Texas to mandate private employers offer paid sick leave to employees employed within the city limits. The San Antonio City Council passed an ordinance on August 16, 2018 requiring private employers to provide paid sick leave to employees who work at least 80 hours in San […]
