Category: Updates

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California Labor Commissioner Issues $1.9 Million Citation to Contractor for Wage Theft

Continuing its aggressive enforcement of California wage and hour laws, the Labor Commission issued wage theft citations of $1.9 million to Fullerton Pacific Interiors, Inc. for failing to pay minimum wage and overtime and failing to provide rest periods to 472 workers on 26 construction projects throughout Southern California. Fullerton Pacific Interiors provided drywall work … Continue Reading

Oregon’s Secure Scheduling Law Goes into Effect July 1: Are You Ready?

The 2017 Oregon legislature passed a “secure scheduling” or “fair work week” law that imposes significant requirements on certain categories of large employers.  The law, available here, goes into effect July 1, 2018.  We previously blogged about the law here. Are You a Covered Employer?  The law applies to retail, hospitality, and food services employers … Continue Reading

Significant Victory for Employers: Supreme Court Upholds Class Action Waivers in Arbitration Agreements

In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements.  This ruling permits employers across the country to enforce individual arbitration agreements with employees, even where the agreement requires an employee to pursue legal claims on an individualized, … Continue Reading

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon employees’ prior compensation. In an April 9, 2018 decision, Rizo v. Yovino, the Ninth Circuit Court of Appeals overruled prior Circuit law to hold that … Continue Reading

Washington Legislature Enacts Multiple Anti-Employer Statutes

No man’s life, liberty or property are safe while the legislature is in session. · Judge Gideon J. Tucker In the recently concluded session, Washington legislators enacted numerous laws that will adversely affect employers of all sizes across the State. With so many changes, it is key that employers stay up to date and understand … Continue Reading

Trump NLRB Shakes Up the Labor World in Striking Down Numerous Obama Board Decisions

It might appear that in some years, the National Labor Relations Board (the Board) issues a series of decisions just as the year comes to a close, but it is not because the Board wants to give out holiday presents (or, from the employer’s perspective for the past several years, multiple lumps of coal).  Rather, … Continue Reading

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process.  While compliance with all of these new laws is important, four are of particular importance as they directly impact the information employers can seek from … Continue Reading

Employers Need Not Disclose Pay Data on EEO-1 Reports; September Deadline Moved to 2018

Employers can breathe a sigh of relief.  The Office of Management and Budget (“OMB”) announced this week that it was removing a requirement that EEO-1 reports contain employee pay data.  The now-defunct Obama-era requirement announced in 2016 would have required employers to disclose compensation information to the EEOC regarding all employees, including executives – which … Continue Reading

Department of Labor Seeks Input on New Rules for White Collar Exemptions

Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here).  (UPDATE: A Texas federal court invalided the rule on August 31, 2017.)  That rule would have more than doubled the salary requirement for an overtime … Continue Reading

Oregon Amends Sick Leave Law: 5 Key Clarifications

Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers.  The amendments clarify that: Employers may cap employees’ annual accrual of sick leave at 40 hours. The pre-amendment version of the sick leave law stated that employees had the right to “earn and use up to 40 … Continue Reading

Landmark Seventh Circuit Decision Interprets Title VII Protections To Prohibit Sexual Orientation Discrimination

“Who will be hurt if gays and lesbians have a little more job protection?” Judge Richard Posner of the Seventh Circuit Court of Appeals posed this question a few months ago during oral argument in a case involving a teacher who alleged she was fired because she is lesbian.  On Tuesday, the en banc Seventh … Continue Reading

New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.)  However, as we blogged previously, many states have their own reporting requirements, which are not required to track OSHA’s  rules precisely, but which must be “at least as effective” as OSHA’s rules. … Continue Reading

Breaking News: DOL Salary Rule Blocked By Federal Judge

The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as planned (we wrote about the rule here).  A Texas federal judge on Tuesday agreed with 21 … Continue Reading

Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers?  Trump has thus far given few details on his thoughts on labor and employment.  But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of … Continue Reading

Are You Ready for the December 1 Deadline for New Salary Requirements?

The Department of Labor’s new rule that doubles the salary threshold for “white collar” exempt employees goes into effect December 1, 2016.  Under that rule, employees currently exempt under the FLSA as an administrative, executive, or professional employee must make a salary of at least $47,476 and meet the appropriate “duties test” in order to remain exempt … Continue Reading

The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance.  The City of Portland recently issued administrative rules for its ordinance.  The administrative rules are available here.  The key provisions are: Excepted Employers As explained in our prior blog, you are excepted from the ordinance’s timing restriction (but not its other requirements) if the … Continue Reading

Ninth Circuit Refuses to Entertain En Banc Review of its Decision Rejecting Tip-Pooling Arrangements

Earlier this year, we wrote about the Ninth Circuit Court of Appeals decision in Oregon Rest. & Lodging Ass’n v. Perez, which prohibited tip-pools that include “back-of-the house” employees. Last week, the Court rejected a petition to review the decision en banc. This means that, unless the Supreme Court weighs in on the issue, restaurants in the Ninth Circuit … Continue Reading

Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit

If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are out of luck.  Thanks to a recent decision from the Ninth Circuit Court of Appeals (which has jurisdiction over the aforementioned … Continue Reading

City of Seattle Proposes New Ordinance Regulating Employee Scheduling

Seattle restaurants and retail employers may soon face significant restrictions on employee scheduling.  The Seattle City Council is currently considering a proposed ordinance with the potential to impact hundreds of employers across the City.  Following are the basics of the proposed legislation. What employers would be covered by the proposed ordinance? Retail employers and large … Continue Reading

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs.  The new rules are available for review here, but here’s what you need to know: OSHA Postponed Enforcement. OSHA just delayed the date on which it will begin enforcing these new requirements. OSHA’s memo postponing enforcement is available … Continue Reading

IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015: The deadline for providing employee statements is extended to March 31, 2016 (from February 1, 2016). The deadline for filing 1094-Cs and 1095-Cs with … Continue Reading

Tacoma, Washington Paid Employee Sick Leave Law Goes Into Effect in February 2016

Flu season is fast approaching, and this winter, Tacoma employers will join Seattle employers in being required to provide paid sick leave. On February 1, 2016, Tacoma’s new paid sick leave ordinance goes into effect.  As we have blogged about before, Tacoma is just the latest of a number of state and local jurisdictions around … Continue Reading
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