With the COVID-19 landscape in New York changing rapidly, employers may be understandably confused about what rules to abide by when it comes to things like masks, social distancing, and safety protocols. Significant changes...more
According to recent guidance issued by the DOL and NLRB, workers in the so-called “gig,” on-demand,” or “sharing” economy are independent contractors, not employees....more
Retailers and fast food companies in particular should be aware of the growing push for “fair workweek” legislation at the city, state, and federal levels. In just the past few years, over a dozen states and cities have...more
Matt welcomes colleagues Ray Berti and Becky Barrett to discuss the sudden proliferation of “Fair Workweek” laws, which are designed to ensure that workers have predictable schedules and paychecks, and “comp time” -- the...more
While some states are taking action to bar cities and local governments from regulating the workplace, cities and counties appear to be countering that effort by implementing innovative worker protections....more
Since the Department of Labor announced the new overtime rule last May, we have been closely following its rocky implementation in a series of posts. Presently, the rule – which would render an estimated 4 million workers...more
As government agencies steadily expand the concept of joint employment, franchisors increasingly find themselves in a difficult position. Since August 2015, when the NLRB ruled in Browning-Ferris that entities with the...more
11/29/2016
/ Browning-Ferris Industries of California Inc. ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
McDonalds ,
NLRA ,
NLRB ,
Subway ,
Unfair Labor Practices ,
Wage and Hour
Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more
9/21/2016
/ Civil Rights Act ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Popular ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
A recent decision offers a not-so-friendly reminder to HR professionals and supervisory employees: you can be individually liable for FMLA violations if you review, approve, and correspond with employees regarding their FMLA...more
On January 20, 2016, the Wage and Hour Division of the Department of Labor issued guidance on joint employment under the Fair Labor Standards Act and Migrant Seasonal Agricultural Worker Protection Act. The DOL’s guidance...more