In a 2-1 ruling on February 4, 2019, the Second Appellate District of the California Court of Appeals expanded requirements for reporting time pay by ruling that a California employer would owe reporting time pay if it requires an employee to call in to confirm a scheduled on-call shift, even when the employee does not actually report for work. Like many retailers, Tilly’s, Inc. scheduled its retail employees for both regular and on-call shifts.   For…
Worksite Enforcement When you think of immigration in the United States these days, the first thought that comes to your mind might be the continuing dispute over building a wall at the Southern border.  That topic has certainly received the most attention, but for employers, the more relevant issue remains the increasing worksite immigration enforcement measures.  Here are some recent statistics from Immigration and Customs Enforcement (ICE): FY 2018 – 6,848 worksite investigations were opened…
Valentine’s Day is right around the corner, what better way to celebrate than to examine the pitfalls of office romances? The “Me Too” era is still in full swing, and it is subjecting employers to more scrutiny than ever. Have you considered how to best handle office romances between employees before Cupid’s arrow meets its mark? There are several ways that a workplace romance can expose an employer to legal liability. The relationship can turn…
As we covered last year, the United States Supreme Court held in Epic Systems Corp. v. Lewis that employment contracts can legally bar employees from collective arbitration (and require instead individualized proceedings). The Supreme Court found that a provision forbidding collective arbitration violated neither the Federal Arbitration Act nor the National Labor Relations Act. This decision was a win for employers, as it continued the Supreme Court’s recent trend of enforcing agreements to arbitrate and…
Perhaps before the year-end holidays kicked in, you might have noticed that on Friday, December 14, 2018, a Texas judge struck down the Affordable Care Act (“ACA”) as unconstitutional in its entirety.  The judge held that since 2017’s tax bill effectively eliminated the penalty for violations of the ACA’s individual mandate that required most Americans to obtain some form of health insurance, it became an unconstitutional tax.  Then, he concluded, because the law had no…
Do you monitor your employees using technology?  Would you consider making them wear wristbands or other devices capturing their every move? This spring, news spread that Amazon had been granted two patents for a new wristband that appeared to be designed to do just that for its warehouse and fulfillment staff.  The patents indicated that the wristbands would track workers’ hand movements as orders were filled and provide “haptic” feedback through vibrations to guide workers…
The Bloomberg Editorial Board recently published an article entitled “Too Many Workers Are Trapped By Non-Competes” arguing that the practice of requiring relatively low-wage and/or unskilled workers to sign non-compete agreements is a drag on the economy and is contributing to wage stagnation. The article contends that restricting unspecialized workers’ ability to freely change jobs hinders competition in the marketplace and decreases worker bargaining power. An economist could best say whether the article’s assessment of…
With the continued rise of the #MeToo movement, New York has taken the reins as one of the leaders in combating sexual harassment in the workplace.  All employers who have employees located in New York state must now provide sexual harassment training to all employees at least once a year.  New York joins California, Connecticut, Delaware, and Maine as states requiring sexual harassment training.  This requirement applies to employers of all sizes, and employers must…
The National Labor Relations Board is signaling yet another change to the joint employer test in its recent issuance of a new proposed rule.  The Board has waffled back and forth on this important issue recently, creating a lot of uncertainty for employers.  Here’s an explanation of what has been going on and what is likely to come. Remind Me: What’s Been Going On? Many of you will remember the Board’s 2015 decision in Browning-Ferris…
On September 7, 2018, the U.S. Department of Labor’s Bureau of Labor Statistics announced the most recent employment numbers for the United States.  As of August, total payroll employment had increased by 201,000, and the unemployment rate remained at 3.9%.  The positive trend has also impacted an often-overlooked category of potential employees:  disabled adults of prime working age. Employment for this group has been steadily rising in recent years.  For example, the Bureau of Labor…