News & Analysis as of

Wage and Hour Employer Liability Issues On-Call Employees

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

Fisher Phillips

What Employers Should Know About Predictive Scheduling Laws

Fisher Phillips on

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

Fisher Phillips on

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

Rivkin Radler LLP on

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

Littler

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

Littler on

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

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

Epstein Becker & Green on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Manatt, Phelps & Phillips, LLP

The 5 Biggest Employment Law Developments of 2019

What were the five biggest employment law developments in 2019? From new laws to big decisions, we tracked down some of the top headlines of the last year....more

Seyfarth Shaw LLP

When Disaster Strikes: How Employers Should Respond to Wildfires

Seyfarth Shaw LLP on

Seyfarth Synopsis: When faced with wildfires or natural disasters, California employers must keep calm, carry on, and continue to meet their obligations under California law. ...more

Cozen O'Connor

HR Guide For Hurricane And Disaster Preparation - Preparing For The Worst: 2019

Cozen O'Connor on

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more

Jones Day

Dutch Employment Law Changes in 2020

Jones Day on

The Situation: On May 28, 2019 the Dutch Senate adopted new legislation to bring the labor market into balance effective 1 January 2020. The new legislation aims to reduce the gap in legal protection and monetary differences...more

Ervin Cohen & Jessup LLP

Employer Alert: Expansion of Reporting Time Pay Rule

A recent California Court of Appeal ruling significantly expands the conditions under which the reporting time pay rule in California will apply.  Skylar Ward v. Tilly’s, Inc. involved retail clothing store workers who were...more

Constangy, Brooks, Smith & Prophete, LLP

Phone call triggers employer's "reporting pay" obligations: California Snapshot 

What is "reporting for work" that triggers a retail employer's reporting pay obligations? According to the California Court of Appeal, a simple phone call will do the trick. The court's recent decision in Ward v. Tilly’s,...more

McGuireWoods LLP

Calif. Employees Can Dial for Dollars Under Employers’ On-Call Scheduling Policies

McGuireWoods LLP on

On Feb. 4, 2019, the California Court of Appeal decided Ward v. Tilly’s, Inc., holding that employers must provide “reporting time pay” when requiring employees to call in prior to a potential shift to learn whether they must...more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter - Spring 2019

BakerHostetler on

Welcome to the Spring edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Tarter Krinsky & Drogin LLP

They're Out! New York Department Of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry

New York employers have one less administrative headache to deal with - at least, for now. The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations...more

Davis Wright Tremaine LLP

NYSDOL Withdraws Its Proposed Regulations Relating to Predictive Scheduling

In January 2018, we issued an advisory relating to the New York State Department of Labor (the “NYSDOL”) proposed regulations regarding predictive scheduling that would have revised the “call-in” pay requirements of the...more

Weintraub Tobin

Do California Employers Have Any Scheduling Flexibility Options Left?

Weintraub Tobin on

Scheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court...more

Fox Rothschild LLP

NY Department Of Labor Shelves Proposed Scheduling Regulations

Fox Rothschild LLP on

The New York State Department of Labor (NYDOL) announced that, at this time, it is no longer going to pursue regulations to the Miscellaneous Industries Wage Order that would have required “call-in pay” or “on-call”...more

BakerHostetler

Employees Calling In to Work Before a Scheduled On-Call Shift Are "Reporting for Work" and Entitled to Reporting Time Pay,...

BakerHostetler on

When a California employee is scheduled for an on-call shift and company policy requires her to call in two hours beforehand to see whether she must work that shift, is that employee “reporting for work” even if that employee...more

Bond Schoeneck & King PLLC

New York State Department of Labor Drops Proposal Regarding Call-In Pay . . . For Now

The New York State Department of Labor announced recently that it does not intend to implement its proposed regulations that would have imposed burdensome requirements on employers to provide call-in pay to employees under a...more

Jackson Lewis P.C.

New York Labor Department No Longer Pursuing Call-In Pay Regulations

Jackson Lewis P.C. on

The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers....more

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