Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider
Unpaid Internships: Are They Legal?
Election results and the Affordable Care Act – What can employers do now?
Last week, the Department of Labor (“DOL”) announced its long-awaited final rule raising the minimum salary that certain employees must earn in order to be exempt from overtime pay under the Fair Labor Standards Act (“FLSA”)....more
Depending upon many different factors, a state-wide minimum wage has been established for healthcare workers in California which will be phased in over time. On October 13, 2023, Governor Newsom signed Senate Bill (SB) 525,...more
The U.S. Department of Labor (DOL) has issued a new proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay...more
Geringfügige Beschäftigung bedeutet nicht geringfügige - Vergütung Mit einer aktuellen Entscheidung stärkt das BAG (Urt. v. 18. Januar 2023 – 5 AZR 108/22) die Rechte von Minijobbern und setzt das gesetzliche...more
As of Friday, July 1, non-hotel employers with full-time employees in West Hollywood must provide up to 96 hours of compensated time off (“CTO”) each year. (Part-time West Hollywood employees must receive a prorated number of...more
The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more
On March 19, 2021, California Governor Gavin Newson signed Senate Bill 95, requiring California employers with more than 25 employees to provide their employees with Supplemental Paid Sick Leave (SPSL) for various...more
As previously discussed, the American Rescue Plan Act was passed and signed into law by President Biden on March 11, 2021. The Act extends and expands payroll tax credits until September 30, 2021, for employers who...more
Beginning Monday, March 29, 2021, employers must begin providing California employees a new form of COVID-19 supplemental paid sick leave. The new version reaches small and large employers alike and mandates that employers...more
Governor Newsom has signed Senate Bill 95, which resurrects the statewide COVID-19 Supplemental Paid Sick Leave that expired at the end of 2020. The bill takes effect immediately but provides a 10-day grace period for...more
The SBA, in consultation with the Treasury, released a new interim final rule, to simplify loan forgiveness for certain borrowers of Paycheck Protection Program (“PPP”) loans. Specifically, the SBA has issued a rule that...more
Full-Time and Part-Time Employees under the FFCRA - The Department of Labor’s Wage and Hour Division issued standards governing emergency paid sick leave and expanded family and medical leave available to full-time and...more
In the growth of the gig economy, many employers are increasing the number of categories of their employees and associates. One challenge of the gig economy is determining when a worker qualifies as a full-time employee for...more
Takeaway Message: A recent IRS notice provides a future path for employers to avoid ACA employer mandate penalties by reimbursing employees for a portion of the cost of individual insurance coverage through an...more
Seyfarth Synopsis: The New Jersey Earned Sick Leave Law goes into effect on October 29, 2018—three days from now. As employers prepare for the statewide mandate, the New Jersey Department of Labor and Workforce Development...more
Working full-time hours is an essential function of a full-time job, right? Not necessarily, said the Sixth Circuit Court of Appeals in a Hostettler v. The College of Wooster. When the job can be done on a reduced schedule,...more
The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an...more
In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more
New Procedures: Old Problems – Don’t get caught off guard! On February 26, the Media Bureau issued its first Equal Employment Opportunity (“EEO”) audit of 2018 to randomly selected radio and television stations. There are...more
Yesterday, IG Metall, Germany’s largest metal union, entered into an agreement with employers in the state of Baden-Württemberg that allows for a 28-hour work week for its members. The two-year deal covers 900,000 employees...more
On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more
Seyfarth Synopsis: On March 13, 2017, San Jose’s new “Opportunity to Work Ordinance” takes effect, requiring covered employers to offer additional hours to part-time employees before hiring new or temporary employees. As the...more
Seyfarth Synopsis: In McCaster v. Darden Restaurants, the Seventh Circuit affirmed the District Court’s order denying class certification of claims for denial of earned vacation benefits at separation and granting summary...more
Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more
In the recent election, San Jose voters passed a voter initiative creating the “Opportunity to Work” ordinance. The purpose of the ordinance, which will become effective on March 13, 2017, is to promote full-time jobs and to...more