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Employer Liability Issues Domestic Workers

Littler

New Jersey Enacts “Bill of Rights” for Domestic Workers

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The New Jersey Domestic Workers’ Bill of Rights (S723/A822), one of three laws signed in early January relating to protecting immigrants and part of the Murphy administration’s larger effort to build a more inclusive state...more

Bradley Arant Boult Cummings LLP

This Ain’t My Home, Now Pay Up: 11th Circuit Reverses on FLSA’s Live-In Service Worker Exemption

Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th...more

Sheppard Mullin Richter & Hampton LLP

San Francisco Passes Measure Requiring Sick Leave for Domestic Workers – “First of Its Kind”

On December 14, 2021, San Francisco’s Board of Supervisors unanimously passed legislation providing domestic workers with paid sick leave – the first of its kind in the United States. The ordinance, called “Domestic Workers’...more

BCLP

Changes and Developments in California Employment Laws for 2022

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As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

McNees Wallace & Nurick LLC

Nanny Cams & Workplace Privacy: PA Supreme Court Provides Clarity on Domestic Employees’ Expectation of Privacy

In the recent decision of Commonwealth v. Mason, the Pennsylvania Supreme Court held that a nanny did not have a reasonable expectation of privacy while working inside the home of her employer.  Thus, the employer’s decision...more

Seyfarth Shaw LLP

The Health Care Provider Exemption to Emergency Paid Sick Leave in the Families First Coronavirus Act - Are you Covered?

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Yesterday, the Department of Labor issued temporary regulations regarding the “health care provider” exemption to employer-provided paid time off and paid leave under the Families First Coronavirus Response Act (“FFCRA”)....more

BCLP

What Employers Need to Know about New York State’s New Discrimination and Harassment Laws

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In 2018, in response to the #MeToo and #TimesUp movements, New York State enacted laws to provide stronger protections against workplace sexual harassment, including mandating that New York employers have a complaint and...more

Dechert LLP

New York Legislature Passes Profound and Sweeping Sexual Harassment Bill

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The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Earned Sick Leave in Westchester County, NY: What Employers Need to Know

Taking a page out of New York City’s book to address the estimated 36 percent of workers in Westchester County, New York, who lack paid sick leave benefits, in October 2018 the Westchester County Board of Legislators passed...more

Robinson+Cole Health Law Diagnosis

New York Court of Appeals Upholds Thirteen Hour Rule for Home Health Aide Pay

On March 26, 2019, the New York Court of Appeals upheld the state Department of Labor’s (the “DOL”) so-called “13-hour rule” governing payment of home health care aides that work 24 hour shifts....more

Littler

NY Court of Appeals Decision Saves the NY Home Care Industry – What’s Next for Home Care Providers?

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New York’s vast home care industry and those who rely on their services breathed a sigh of relief on March 26, 2019, when the New York Court of Appeals gave providers the green light to continue to pay home care aides for 13...more

Littler

A Paramount Reversal Just Saved the NY Home Care Industry

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The day most anxiously anticipated (or dreaded) by the vast home care industry in New York has arrived, and a huge sigh of relief from home care agencies and New Yorkers who rely on their services can be heard across the...more

FordHarrison

NY Court of Appeals Upholds 13 Hours Pay for 24-Hour Shift Home Health Aides

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Yesterday the New York Court of Appeals issued its long-awaited decision on 24-hour shift home health aides who work as “sleep-in” workers....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Finds That In-Home Caregivers May Be Employees of Placement Agencies

In Duffey v. Tender Heart Home Care Agency, LLC, the California Court of Appeal for the First District addressed whether an in-home caregiver was an independent contractor or employee. Reversing a trial court order dismissing...more

Littler

Littler Global Guide - United Kingdom - Q3 2018

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The new Parental Bereavement (Leave and Pay) Act 2018, which was enacted on September 13 and will come into effect in 2020, grants parents who experience the loss of a child under 18 or a stillbirth after 24 weeks of...more

Littler

New York Court Nullifies Recent Emergency Amendment Codifying Longstanding "13-Hour Rule" for Home Care Industry

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The home health care industry suffered a major setback on September 26, 2018, when the New York Supreme Court, New York County, ruled that the New York State Department of Labor's (NYDOL) emergency rulemaking amendment to the...more

Littler

Seattle Passes Ordinance to Expand Employment Rights to Domestic Workers

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On July 27, 2018, Seattle Mayor Jenny Durkan signed into law the Domestic Worker Ordinance (“the DWO”). Effective July 1, 2019, the ordinance is expected to impact approximately 33,000 domestic workers in Seattle. ...more

Littler

New Cal/OSHA Housekeeper Injury Prevention Rules Now In Effect

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On July 1, 2018, the newly implemented Hotel Housekeeping Musculoskeletal Injury Prevention Program (MIPP) regulation took effect....more

Seyfarth Shaw LLP

Lessons From The Emerald City: Does Seattle’s New Domestic Worker Standards Board Indicate A Move Towards European Industry-Wide...

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Seyfarth Synopsis: Seattle has long been at the forefront of progressive labor policies. Take, for example, its 2014 Minimum Wage Ordinance, which made it the first major city in the nation to increase wages to $15 an hour. ...more

Littler

Certainty is on the Horizon for the New York Home Care Industry

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The home care industry has faced collapse since a series of New York Appellate Division decisions invalidated New York Department of Labor (NY DOL) policy and held that home care attendants working 24-hour shifts who are...more

FordHarrison

The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers

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Last week, in two long-awaited decisions, the New York State Appellate Division, Second Department ruled that home care workers who worked 24-hour shifts, commonly referred to as “live-in” shifts, were required to be paid for...more

FordHarrison

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

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In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Locke Lord LLP

Locke Lord QuickStudy: New Requirements In Massachusetts For Employers Of “Domestic Workers”

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On April 1, 2015, a new statute took effect in Massachusetts governing the employment of certain household workers. Known as the “Domestic Workers’ Bill of Rights,” this new law applies many traditional Massachusetts...more

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