New California Employment Laws Affect Businesses in 2018 and Beyond


Several new laws will affect California employers’ daily operations and policies in 2018 and beyond. Some new laws made significant changes while others made small changes to existing law. A new law that expands mandatory sexual harassment prevention training.

UK employment law 2020: what’s on the horizon?


From likely UK case law developments to changes to annual leave calculations and employees’ entitlement to written statements of particulars , ESP Law’s team of legal experts look ahead to what 2020 has in store for employment law . Case law decisions .

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New California Employment Laws Affecting Businesses in 2017 and Beyond


These new laws will affect California employers’ day-to-day operations and policies in 2017 and beyond. CalChamber’s employment law counsel wrapped up their analysis of the significant pieces of employment-related legislation that Governor Brown signed into law.

Employment Law Updates Seminars Ready You for 2017


The 2016 legislative session produced new laws affecting California employers’ day-to-day operations and policies in 2017 and beyond. Some of the new laws, such as the minimum wage increase, make significant changes to California’s legal landscape.

CalChamber-Opposed Employment Law Bills Await Action by Governor


October 15 is the last day for the Governor to act. Quite a few employment-related bills have passed the Legislature. Five bills that could significantly affect California employers are on the Governor’s desk awaiting review and action.

State Minimum Wage Increases for 2017 (Map)

HR Daily Advisor

Minimum wage increases will affect numerous states across the country in January 2017. Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 State minimum wage changes effective January 1, 2017. per hour.

Hot Topics in Employment Law


Wage & hour violations, family leave, discrimination, harassment – these topics continue to generate conversation throughout workplaces across the country. No matter the size of your business, at some point you will encounter one of these regulations.

The Seven Biggest HCM Compliance Issues of 2017


As we wrap up 2017, it is time to reflect on the year’s major compliance issues in the human capital management world. Below is a summary of the important compliance issues along with highlights of where changes took place over the course of the year.

California Wage Orders Updated


Employers must post the proper and updated Wage Order in their workplaces. The California Department of Industrial Relations (DIR) recently updated most of the Wage Orders to reflect the 2017 and 2018 increases in the state minimum wage.

Oh Joy! Guest Worker Case Answers Tricky Wage and Hour Questions

HR Daily Advisor

A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Joy Holiday terminated his employment on May 25, 2011. under California law.

Santa Clara to Raise City Minimum Wage to $15 Per Hour by 2019


On August 22, the Santa Clara City Council adopted an amendment to the city’s minimum wage ordinance (MWO), changing the MWO’s annual rate increase schedule to reach $15/hour by 2019. Changes will affect employers beginning January 1, 2018. What is the MWO?

Bed, Bath & Beyond Learns Wage and Hour Compliance Is No Bed of Roses

HR Daily Advisor

Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. With overtime claims on the rise, employers can’t afford to hide under the covers when it comes to understanding the rules of employee classification.

LA Restaurant Fined Over Half a Million Dollars for Wage Theft; Workers Paid $4 per Hour


Wage theft refers to infractions of the California Labor Code involving the payment of wages to worker. A Los Angeles restaurant has been ordered to pay $519,706 for wage theft violations uncovered by the California Labor Commissioner’s Office.

First Conviction for Violation of Santa Monica Minimum Wage Requirements


The business owner was placed on probation and must complete 150 hours of community service in addition to paying back wages and other costs. The City of Santa Monica has announced its first conviction for violation of the city’s minimum wage laws.

“If I could press a button and instantly vaporize one sector of employment law?” (redux)

Ohio Employer's Law

Nearly six years ago, Walter Olson , writing as his Overlawyered blog, asked the following question: “If I could press a button and instantly vaporize one sector of employment law…” ? This was my answer : The Fair Labor Standards Act. The FLSA needs to go because compliance is impossible. Congress enacted the FLSA during the Great Depression to combat the sweatshops that had taken over our manufacturing sector. The FLSA isn’t going anywhere.

$15 Minimum Wage Clears Baltimore City Council

HR Daily Advisor

On March 20, the Baltimore City Council voted 11-3 to approve a bill that would raise the city’s minimum wage to $15 an hour by 2022. If ultimately enacted, the minimum wage would be the highest in Maryland. Currently, Maryland’s minimum wage is $8.75

McDonald’s Victory on Suit over Wage Violation at Franchises


The court ruled that California’s wage and hour laws only apply to employers who actually control wages and workplace conditions, not ostensibly. March 10, 2017)). This decision is a victory for the franchisor/franchisee business model.

Compliance Checklist: Federal Employment Laws You Need To Know At Every Stage Of Your Company’s Growth


Here’s a quick checklist of some major federal laws you’ll need to tackle at different employee thresholds in your growth. Employers must properly classify and pay employees a corresponding minimum wage, while following overtime and child labor standards. Employers may only hire those who can legally work in the United States and must maintain up-to-date I-9 forms for all employees. Employment Retirement Income Security Act (ERISA) , via DoL.

Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

HR Daily Advisor

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. Employees Paid Guaranteed Minimum Hourly Rate. per hour for every hour worked.”

How Much ‘Side Work’ Can Employees Do and Still Be Paid Tipped Minimum Wage?

HR Daily Advisor

In a recent decision, Florida Federal District Judge James Moody upheld the U.S. Department of Labor’s (DOL) rule that a tipped employee may be paid a direct wage that is less than the Florida minimum wage of $8.10 per hour. tip credit has stayed the same.

A First from the Labor Commissioner: General Contractor Fined for Subcontractor’s Wage Theft


The Labor Commissioner fined a general contractor nearly $250,000 for wage-and-hour violations committed by its subcontractor, and a hearing officer recently upheld those fines. Contractor held liable for drywall subcontractor’s wage theft.

Contractor Makes Stupid Mistake At a Client Site – Ask #HR Bartender

HR Bartender

According to the Freelancers Union, freelancers make up 35 percent of U.S. It’s a good assignment in the low $100’s. In my excitement, I sent a note to a friend, who also happens to work for the company. The language in the note was ‘locker room’.

ATS 339

Are Full-Time Employees of Staffing Companies Exempt? It Depends

HR Daily Advisor

Partner (US) LLC , 2017 U.S. 20, 2017), three full-time employees of Randstad claimed that a district court had erred in granting summary judgment to Randstad on the basis that they were covered by the administrative exemption. Staffing Employees Worked Long Hours.

Employee or Independent Contractor? Right to Control Is Key

HR Daily Advisor

A continuing point of contention in employment law 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. Lessons for Employers.

California Court: Some of Employee’s Claims Must Go to Arbitration

HR Daily Advisor

Employers often have applicants or newly hired employees sign arbitration agreements. But what happens if an employee files a lawsuit that includes both representative claims under the PAGA as well as individual claims for unpaid wages? Employee Sues for Wage and Hour Violations.

Is DOL now ordering firms to fire managers for pay mistakes?

HR Morning

Recognizing that employees’ direct managers and supervisors play a major role in many wage-and-hour violations, the DOL took a very aggressive step recently. . The agency essentially instructed one employer to fire any managers who allowed off-the-clock work to take place.

Ohio Court Addresses Distinction Between Employees, Contractors

HR Daily Advisor

A recent decision from Ohio’s 10th District Court of Appeals is a useful reminder that the line between employees and independent contractors may not always be as clear as one would think. Six days later, the auditor participated in a phone call with the owner of BNA, Horatio Lucero.

New California Laws and HR Trends for 2017 and Beyond

HR Daily Advisor

Each year, California employers are faced with the task of keeping up with a whole new round of labor laws and regulations, most of them courtesy of the state legislature. Employers Have a New Notice to Distribute. The nature of the job held or sought.

Are You Responsible When Employees Don’t Report All Hours Worked?

HR Daily Advisor

Employers often place the burden of recording hours worked on employees. Policies may prohibit off-the-clock work and notify employees that they must report any errors in pay. But is that enough to free you from liability for unpaid wages due to unrecorded time?

State Minimum Wage Increases for 2018 (Map)

HR Daily Advisor

Minimum wage increases will affect numerous states across the country in January 2018. . Under the Fair Labor Standards Act (FLSA), the current federal minimum wage is $7.25 per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. The minimum wage for federal contractors in 2018 is $10.35 per hour. Loading… State Minimum Wage Changes Effective December 31, 2017.

Employer’s Lawyer in Hot Water After Threatening Worker with Possible Deportation

HR Daily Advisor

Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). The dairy, owned by three members of the Angelo family, didn’t complete an I-9 form to establish Fernando’s employment eligibility.

Bill Proposes Benefits for Gig Workers

HR Daily Advisor

A bill introduced in both houses of Congress would create a pilot program to provide employment benefits to gig workers. 2685) would allot the U.S. Warner (D-VA), the Senate bill’s sponsor, in a press release. A report on the program’s results would be due to Congress in 2020.

Have It Your Way: 8th Circuit Court Sides with Labor Organizer

HR Daily Advisor

The U.S. EYM King retained the 47th Street store’s general manager, “Penny,” and gave her permission to rehire Strategic employees. During his time at the 47th Street store, Leonard had received a few disciplinary warnings. She eventually stopped sending the reports.

Going Against the Grain: Worker Fired After Unequal Pay Complaint

HR Daily Advisor

The U.S. Jim” is the president of the company, and “Mac” manages the Yellow Bend and Pendleton facilities in Arkansas. Oakley Grain hired “Mariah” in August 2010 to work at the Yellow Bend facility in Arkansas City. However, the company had never laid Mariah off.

Overtime and FLSA: Maine Employer Cheesed Off by Comma Drama

HR Daily Advisor

” muses the band Vampire Weekend in a hit song. After a recent decision from the 1st Circuit (which covers Maine, Massachusetts, New Hampshire, and Rhode Island), I’m sure Oakhurst Dairy cares about the issue quite a bit. ” How many people were in the elevator?