Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

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Employment Law Spotlight

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

By Jacob A. Bruner & Nathan A. Schacht

February 13, 2020

Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights and responsibilities beyond those provided by law. The Order, like the department’s prior annually issued wage orders, includes laws pertaining…

Employment Law Spotlight

Bring Forth the Tiger-Dogs! Here’s a Quick Status Check on the Challenges to California’s New Independent Contractor Law

By Todd Lebowitz

February 10, 2020

When outside forces pose a threat to people’s livelihood, people will go to great lengths to fight back. For example, when monkeys began ravaging the crops of a farmer in Karnataka, India, the imaginitive farmer painted his dog to look like a tiger, to scare away the pesky invaders. [Photo here.] Business owners in California are taking more conventional measures to fight back againt the tyranny of Assembly Bill 5, the new California…

Employment Law Spotlight

What Is Joint Employment? New DOL Rules Take Effect in 60 Days

By Todd Lebowitz

January 13, 2020

This week’s post is Family Feud Style. Name Three Things That Sound Like They Would Be “Joint Employment” But Are Not: 1. Long-haired, easy-going product tester at the local wacky tobacky dispensary. 2. Note taker at an orthopedist’s office. 3. The guy on radio ads for non-approved supplements claiming to relieve joint pain who says – really, really fast – “These statements not approved or validated by the FDA.” Each of those jobs has something to…

Employment Law Spotlight

UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

By Courtney Warren

November 26, 2019

This is an update to previous posts from June 24, 2019 and July 31, 2019. On Friday, November 22, Bexar County Judge Peter Sakai ordered that San Antonio’s paid sick leave ordinance, which was scheduled to take effect December 1, be delayed once again. Implementation of the ordinance was first delayed in July of this year by agreement of the City of San Antonio and the business groups challenging the ordinance. Following court approval…

Employment Law Spotlight

Not Dead Yet: The States’ New Strategy for Attacking Independent Contractor Misclassification Can Be Relentless — and Costly.

By Todd Lebowitz

November 20, 2019

For years, state governments have claimed they were losing hundreds of millions of dollars in unpaid withholdings as a result of independent contractor misclassification. Now, one state is making a grab for a massive piece of that pie — all at once. On November 12, the state of New Jersey sent a bill to Uber Technologies for $459 million and a bill to its subsidiary Rasier LLC for $642 million seeking unpaid contributions, penalties, and…

Employment Law Spotlight

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

By Amy J. Traub

November 18, 2019

On Oct. 13, 2019, New York City enacted Int. 136-A (the Law), expanding the employment protections of the New York City Human Rights Law (NYCHRL) to freelancers and independent contractors. The Law will take effect on Jan. 11, 2020. The NYCHRL applies to employers with four or more employees. The Law changes the counting rule so that, when determining whether there are four employees, the headcount will now include (i) interns, freelancers and independent contractors…

Employment Law Spotlight

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

By Eric W. Witt

November 8, 2019

In Jimenez v. U.S. Continental Marketing, Inc., the California Court of Appeal addressed whether the plaintiff and appellant, Elvia Velasco Jimenez, was an “employee” of a contracting employer under the California Fair Employment and Housing Act (FEHA). In answering this question, the court also provided useful guidance to California businesses on the standard for whether an employment relationship exists under the FEHA. This guidance is particularly relevant for staffing companies and their clients because there can…

Employment Law Spotlight

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

By Amanda Van Hoose Garofalo

October 21, 2019

Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate. As we move closer to the election, such political conversation may find its way into the office. If it does, employers should ensure that they know what is and is not permitted commentary and actions with respect to individuals who are not U.S. citizens or…

Employment Law Spotlight

California Employers Receive Favorable Interpretation of “Regular Rate of Compensation” in Labor Code Provision Concerning Meal and Rest Period Premium Pay and Guidance Regarding Lawful Rounding Practices

By Sabrina Shadi & Eric W. Witt

October 18, 2019

Earlier this month, a California Court of Appeal issued an opinion that is good news for California employers. The opinion addressed the meaning of “regular rate of compensation” in California Labor Code section 226.7, which requires employers to pay employees a premium wage when employees do not receive meal or rest periods, and also addressed under what circumstances an employer’s rounding policy is lawful. The court’s opinion is favorable on both points for employers. In…

Employment Law Spotlight

California Court of Appeal Concludes That Claims Under Labor Code 2800 and 2802 Not Excluded From Coverage by “Wage and Hour” Exclusion in Lloyd’s of London Insurance Policy

October 1, 2019

In a win for California employers, the California Court of Appeal for the Fourth District held in Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number 11EPL-20208, 2019 WL 4572859, that claims against the insured employer brought under California Labor Code §§ 2800 and 2802 were potentially covered by the applicable Lloyd’s of London policy. In doing so, the Court narrowly interpreted the policy’s “wage and hour” exclusion and…

Employment Law Spotlight

Providing Developments & Insight on Trending Topics in Employment Law

Blog Authors

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

Bring Forth the Tiger-Dogs! Here’s a Quick Status Check on the Challenges to California’s New Independent Contractor Law

What Is Joint Employment? New DOL Rules Take Effect in 60 Days

UPDATE: Texas Legislature and Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need to Know

Not Dead Yet: The States’ New Strategy for Attacking Independent Contractor Misclassification Can Be Relentless — and Costly.

New York City Extends NYCHRL Employment Protections to Freelancers and Independent Contractors

California Court of Appeal Determines Customer of Staffing Agency Is Employer Because of Direction and Control

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

California Employers Receive Favorable Interpretation of “Regular Rate of Compensation” in Labor Code Provision Concerning Meal and Rest Period Premium Pay and Guidance Regarding Lawful Rounding Practices

California Court of Appeal Concludes That Claims Under Labor Code 2800 and 2802 Not Excluded From Coverage by “Wage and Hour” Exclusion in Lloyd’s of London Insurance Policy

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