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On-Call Employees

FordHarrison

[Webinar] Storm-Ready Workforce: Best Practices for Employers to Manage Employees Before, During, and After a Natural Disaster -...

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Hurricane season is here, bringing with it the potential for severe weather that can cause widespread damage, impacting entire communities. Natural disasters may be unpredictable - but your response doesn't have to be....more

McAfee & Taft

Should I pay employees while they are ‘on call’?

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Some employers may designate employees for on-call status, requiring them to be available to respond to after-hours service needs or emergencies. A recent Tenth Circuit Court of Appeals decision, which applies to employers in...more

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

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I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Fox Rothschild LLP

On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!

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Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of criteria. As explained in the federal regulations (29 CFR 785.17) “an...more

Fisher Phillips

What Employers Should Know About Predictive Scheduling Laws

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Hospitality industry employers know that scheduling the right number of workers on any given day – or shift – is a challenge. In addition to unpredictable customer patterns, the ongoing COVID-19 pandemic, labor shortages, and...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

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For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Rivkin Radler LLP

The Employment Law Reporter - January 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing employment discrimination claims brought by a...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

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The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Fox Rothschild LLP

Guidance from NY Department of Labor Clears the Smoke Around Adult-Use Cannabis and the Workplace

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When New York passed the Marijuana Regulation and Taxation Act (MRTA) in March 2021, the state’s employers were immediately prohibited from discriminating against workers based on the legal use or possession of marijuana...more

Miller Canfield

Ontario Proposes Limiting “On-Call” Practice, Eliminating Non-Compete Agreements, and More

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The government of Ontario has introduced legislation that they proclaim will “make the province the best place for people to work, live and raise a family.” The legislation, Bill 27 - the Working for Workers Act, 2021 (“Bill...more

Manatt, Phelps & Phillips, LLP

New York State Department of Labor Issues Guidance on Cannabis and the Workplace

On October 8, the New York State Department of Labor (NYSDOL) issued a frequently asked questions document (FAQ) offering guidance for the workplace related to the state’s Marijuana Regulation and Taxation Act (MRTA). MRTA,...more

Littler

Colorado Proposes Expanded Definition of Vacation Pay, New Highly Compensated Employee Exemption, Modifications to Paid Sick Time...

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The Colorado Department of Labor Division of Labor Standards and Statistics has proposed modifications to its Wage Protection Rules and has published proposed Colorado Overtime and Minimum Pay Standards (COMPS) Order #38. ...more

Jackson Lewis P.C.

Wage And Hour Class Actions In Real Estate Industry: Traps For The Unwary

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Wage and hour class actions continue to plague employers throughout the United States. Such claims and individual suits are always fertile ground for plaintiffs’ lawyers; however, employers of all sizes in the real estate...more

Parker Poe Adams & Bernstein LLP

When Must Employers Pay Employees Who Are On Call?

We have had a number of recent questions from clients regarding when employees must be paid if they are on standby or on-call duty. Typically, this means that the employee must leave a number where they can be reached and, if...more

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Hinshaw & Culbertson - Employment Law...

Hinshaw's 12 Days of California Labor & Employment Series – Day 7: Rest Break Updates

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this seventh day of...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Predictive Scheduling Laws

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In a continuing trend, employers are abandoning on-call scheduling as states and cities continue to pass predictive scheduling laws....more

Ervin Cohen & Jessup LLP

Security Officers Can Now Remain On-Call During Rest Breaks; What This Means for All California Employers

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If your workforce includes private security officers, then new Assembly Bill 1512 should come as great news to you. Back in 2016, the California Supreme Court issued a controversial decision called Augustus v. ABM Security...more

Hinshaw & Culbertson - Employment Law...

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more

Dentons

HR Quick Take: On-call employees and FMLA

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Q: If I have employees out of work either due to FMLA, or maybe even if they are on furlough due to a business downturn, can I still require that they be on call or respond to emails? A: This depends on the individual...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Epstein Becker & Green

Work from Home Policies During COVID-19: Limiting Non-Exempt Employee Compensation for Waiting Time and On-Call Time

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Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote...more

Pullman & Comley - Labor, Employment and...

They’re Back! What Should Employers Expect from the 2020 Connecticut General Assembly Session?

On February 5, 2020, the 2020 session of the Connecticut General Assembly began. The session is scheduled to adjourn on May 6, 2020.  Numerous proposed bills affecting Connecticut employers and employees will be unleashed...more

Littler

New Rules Regarding On-Call Workers in the Netherlands are in Effect

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The Dutch Balanced Labour Market Act (Wet arbeidsmarkt in balans (Wab)) brought about drastic changes to the rules regarding on-call workers as of January 1, 2020. These changes are intended to provide on-call workers with...more

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