Until recently, the California Labor Commissioner’s Office took the position that employers could require employees to stay on the work premises during ten-minute rest breaks, but they were required to let employees leave the premises during 30-minute meal periods. This position changed recently after the California Supreme Court’s decision in Augustus v. ABM Security […]
AD
Austin, Texas prides itself on being the Live Music Capital of the World. Companies with employees in Austin should take note that Austin has a new distinction – the first city in Texas to mandate private employers offer paid sick leave to employees employed within the city limits. On February 15, 2018, the Austin City […]
WC
The California Legislature recently enacted Assembly Bill (AB) 168, impacting the types of questions employers may ask job applicants about their prior salary information, effective January 1, 2018. AB 168 makes it unlawful for employers to ask applicants – either orally or in writing – about their prior salary information in determining whether to offer […]
JY
With the 2018 Utah legislative session about to begin, there are more than a few bills that Utah employers may want to keep on their radar. HB 117, for instance, seeks to increase the minimum wage to from $7.25 to $10.25 by July 1, 2018 and to $12.00 by July 1, 2022. This bill may […]
AS
The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]
BN
There has been significant attention around the new laws and ordinances that prohibit employers from asking job applicants about their salary history in California, Delaware, Massachusetts, Oregon, New York City, Philadelphia and Puerto Rico. Are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly. The premise behind […]
JK
AC
Recently, the U.S. Equal Employment Opportunity Commission’s acting chairwoman, Victoria Lipnic, indicated that the agency may cease its efforts for nationwide pay data collection designed to eliminate the gender pay gap. The agency’s measure would have required most private employers with 100 or more employees to submit an annual EEO-1 form reporting pay for their […]
AC
A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during the entire workweek, rather than the pay earned in each individual hour of the workweek. […]
JR
Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers[1] from relying on the salary history information of an applicant to determine: (1) whether to offer employment or (2) what salary to offer. An employer “shall not, orally or in […]
KR
Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in an attempt to gather information about what the EEOC believes to be pay discrimination that […]
