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Continuing its tradition, California rings in the new year with changes to employmentlaws. Mandatory paid sick leave, for example, is a real game changer that will significantly affect the day-to-day operations and policies of California businesses in 2015. Webinar: 2015EmploymentLaw Updates.
of the Labor Code), which took effect on January 1, 2015. In brief, if a labor contractor fails to pay its workers properly or fails to provide workers’ compensation coverage for those employees, the “client employer” can now be held legally responsible and liable.
The task force, known as Government Against Misclassified Employees Operational Network (GAME ON), is made up of members of the LWC’s unemployment insurance and Office of Workers’ Compensation divisions and the Louisiana Department of Revenue, with cooperative agreements with the IRS and the U.S. GAME ON to Ramp Up Efforts.
In 2015, a federal district court dismissed the class action lawsuit , ruling, in part, that time spent waiting to be searched was not time spent “at work.” This answer is important for California employers, especially those in retail industries or other industries with a high concern of employee theft. Not a member?
Right now, the Patient Protection and Affordable Care Act (PPACA) —also known as health care reform—is probably your number one concern when it comes to complying with new government regulations in 2015. If the Department of Labor (DOL) finds out, noncompliant employers could face substantial penalties. It should be.
Brinkerhoff, an associate in the Las Vegas office of law firm Holland & Hart LLP, offered her tips at BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas. Recent Joint-Employer Test—National Labor Relations Board. Brinkerhoff’s Best Practices for Avoiding Liability Related to Contingent Workers.
On December 10, 2015, the Internal Revenue Service issued the 2015 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Compensation'
In startup businesses, it’s not uncommon for employees to accept less cash compensation in exchange for stock options — the option to buy the company stock at a predetermined exercise price. But if a company gives stock options in exchange for less cash compensation, do those options qualify as “wages” under California law?
Online platforms such as Global People Strategist offer global employers exactly what they need to meet both global standards while abiding by and keeping current with local statutes and norms, making compliance with China’s employmentlaws easy and accessible to the entire organization.
Right now, the Patient Protection and Affordable Care Act (PPACA) —also known as health care reform—is probably your number one concern when it comes to complying with new government regulations in 2015. In order to avoid paying overtime compensation, many employers are misclassifying their employees as independent contractors or exempt.
Back in late 2015, I reported on proactive moves by Salesforce to do pay equity increases across its workforce to eliminate any and all gender pay issues, job by job. Department of Labor (DOL), available data suggests that women who work at Google suffer from "systemic compensation disparities" compared to their male peers.
The DWC has revised the workers’ compensation benefit notice regulations for January 1, 2016. The Office of Administrative Law (OAL) has approved the Division of Workers’ Compensation (DWC) revised benefit notice regulations. Revisions were made to the workers’ compensation Notice to Employees Poster. Not a member?
California’s Department of Industrial Relations (DIR) has made multiple attempts to reduce workers’ compensation costs to employers and to improve compensation paid to workers. According to the DIR, 10 percent of the state’s lien filers were responsible for 75 percent of the lien claims filed between 2013 and 2015.
Over the past several years, California courts have been addressing the issue of compensating piece-rate workers for non-piece-rate time, such as rest breaks or other non-productive time that is not being spent producing a product or completing a task. This compensation must be separate from the piece-rate compensation.
“Damon” filed a petition for unemployment benefits after losing his job with Resources for Human Development in 2015. In August 2015, the state found that he was ineligible to receive benefits because his work for Uber constituted an independent business enterprise. Court’s Analysis. Bottom Line. Brittany E.
Searchlight Pictures in 2015. The new rules require employers to consider who’s the primary beneficiary of the internship – the intern or the employer. The list of factors used by courts to determine the status of the internship includes the following: no expectation of compensation. academic credit.
Searchlight Pictures in 2015. The new rules require employers to consider who’s the primary beneficiary of the internship – the intern or the employer. The list of factors used by courts to determine the status of the internship includes the following: no expectation of compensation. academic credit.
has now signed or vetoed employment-related legislation passed by the California Legislature in 2015. A few of the new laws that employers need to be aware of this year include: Changes to California’s gender wage equality laws (Fair Pay Act). New rules relating to the compensation of piece-rate employees.
has now signed or vetoed employment-related legislation passed by the California Legislature in 2015. A few of the new laws that employers need to be aware of this year include: Changes to California’s gender wage equality laws (Fair Pay Act). New rules relating to the compensation of piece-rate employees.
Barnsback presented on the topic at a recent Advanced Employment Issues Symposium (AEIS). AEIS is widely recognized as the leading employmentlaw conference for forward-thinking Human Resources professionals, executives, and in-house counsel.
per hour goes into effect on May 1, 2015. San Francisco employers must replace the current minimum wage notice with the new minimum wage notice reflecting the $12.25 CalChamber’s San Francisco Labor Law Poster includes the official minimum wage notice from the OLSE reflecting the mandatory minimum wage increase. Effective Date.
While I know a lot about employmentlaw, I often come up short on popular culture. In addition to improving my pop culture chops, the case provides a valuable lesson for employers on how and why to terminate an employee who has engaged in protected activity. To be candid, I wasn’t sure who Beyoncé is. Play it smart.
Barnsback presented on the topic at a recent Advanced Employment Issues Symposium (AEIS). AEIS is widely recognized as the leading employmentlaw conference for forward-thinking Human Resources professionals, executives, and in-house counsel.
The effect of state laws prohibiting the payment of subminimum wages to workers with disabilities. The DOL’s 2015 and 2016 informal guidance on joint employment and independent contractors were withdrawn effective June 7, 2017. Opinion Letters provide valuable guidance to employers. Prince, J.D.,
The summary section of the law explains that adopting measures like the bill “can reduce the likelihood that women will be prejudiced by prior salary levels and help break the cycle of gender pay inequity.”. And the law doesn’t apply to applicants for internal transfer or promotion with their current employer.
Reminder to employers with employees in Oakland: are you in compliance with the new Oakland minimum wage of $12.25 Measure FF took effect March 2, 2015. In addition to the new minimum wage and paid sick leave, another new requirement applies to hospitality employers (such as hotels, restaurants and banquet facilities).
Learn how to follow the Golden State’s rules for compensating nonexempt employees when you attend CalChamber’s proactive, 90-minute webinar. In addition to discussing how to classify exempt and nonexempt employees, our employmentlaw experts will cover recent developments in wage-and-hour laws, as well as other important employer obligations.
With the start of the new year, now is a good time to remind employers of the priorities the Equal Employment Opportunity Commission (EEOC) stated that it will focus on throughout 2015 and 2016: Eliminating Barriers in Recruitment and Hiring. Enforcing Equal Pay Laws. Addressing Emerging and Developing Issues.
on March 23, 2015, when he slipped off a rice pod (which he described as “like a big old mountain”) and fell 10 to 12 feet, landing on his buttocks. He testified at the July 1, 2016, hearing before an administrative law judge (ALJ) that he still had pain from the accident and required pain medication. Background.
The EEOC’s consolidated notice, “EEO is the Law,” satisfies this legal requirement. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. While the initial adjustment takes place in July, future adjustments are required by January 15 of each year.
The Arkansas Court of Appeals recently affirmed the Arkansas Workers’ Compensation Commission’s award of additional workers’ compensation benefits to a former employee of the Arkansas Department of Corrections (ADC). and an editor of the Arkansas EmploymentLaw Letter. Background.
But shutting down conversations about working conditions — which include compensation — is illegal, according to feds like the National Labor Relations Board (NLRB). .” This taboo topic is still in a few handbooks across the nation and spoken about in hushed, forbidden tones.
Additionally, for his first few years of work, he received his compensation through Kentucky Racetrack Chaplaincy rather than Keeneland. 2015-CA-001868 (Ky. Charles Bradley, a contributor to Kentucky EmploymentLaw Letter , can be reached at cbradley@fbtlaw.com. Further, he received a 1099 rather than a W-2. Bottom Line.
Thanksgiving is Thursday, November 26, 2015. Recognition doesn’t just mean extra compensation or tangible benefits – although those things are always welcome! Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Thanksgiving is just around the corner!
Parker , an editor of Rhode Island EmploymentLaw Letter and attorney with Whelan, Corrente, Flanders, Kinder & Siket LLP in Providence, Rhode Island, says the new policy isn’t “a sea change in how to classify interns” but does align the DOL’s standard with recent appellate court rulings. In 2015, the U.S.
” He received accolades for his performance throughout his employment with GNC. Six younger store managers in his region had performance issues from 2011 to 2015 and were not placed on action plans. Kennell Sambour, an associate of Day Pitney LLP, is a contributor to New Jersey EmploymentLaw Letter.
A continuing point of contention in employmentlaw revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment claims. The commissioner dismissed TSMB from the claim. Tech Services appealed the commission’s decision.
2015 was another historic year for federal wage and hour lawsuits, and it’s predicted that 2016 will be no different. By labeling workers as contractors, companies avoid paying federal and state tax withholding, providing benefits and healthcare, pension, workers’ compensation and unemployment insurance obligations. .
per hour goes into effect on May 1, 2015. San Francisco employers must replace the current minimum wage notice with the new minimum wage notice reflecting the $12.25 San Francisco Health Care Security Ordinance (with rate increases for 2015). Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content.
On December 17, 2015, the Internal Revenue Service (IRS) issued the 2016 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. cents in 2015). 19 cents per mile driven for medical or moving purposes (down from 23 cents 2015).
Is she entitled to unemployment benefits under South Dakota law? In June 2015, “Morgan” was hired by the Golden Corral restaurant in Rapid City. At the beginning of her employment, absenteeism was not a problem. and an editor of South Dakota EmploymentLaw Letter. Restaurant Employee Skips Work Often.
In fact, a 2015 study determined that 43% of intentional data breaches (“cyberattacks”) have had small businesses as their targets. Use of and access to this Web site do not create an attorney-client relationship between East Coast Risk Management or our employmentlaw attorney and the user or browser. Oh, really?
Court of Appeals for the 2nd Circuit found that the employees who worked concessions at Oriole Park at Camden Yards were not entitled to overtime compensation under the Fair Labor Standards Act (FLSA) because a concessionaire is an “amusement or recreational establishment” exempt from the overtime requirement. Bottom Line.
Just to give everyone some background, the Department published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on July 6, 2015 ( 80 FR 38515 ) and invited interested parties to submit written comments on the proposed rule by September 4, 2015. The feedback the Department received helped shape the Final Rule.
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