Employment Matters Blog

Winter Storm Juno Expected to Bring Lots of Snow, but Also Potential Wage and Hour Issues

Posted in employer liability, FLSA, Massachusetts, minimum wage and overtime, New Jersey, New York, Wage and Hour

Winter Storm Advisory JunoWritten by Michael Arnold

So it’s going to snow a lot today and tomorrow.  A lot.  A potential blizzard.  Some say this could be one of the biggest snowstorms ever to hit the East Coast.  More than a foot of snow is expected in Manhattan, up to two feet out on Long Island and maybe more than two feet in and around Boston.  This means closed schools, downed power lines, impassable streets and even travel bans, which also means that employers will have to decide whether to close their doors early this evening and whether to open up their doors tomorrow (and/or Wednesday).  As we’ve written about before, in making those decisions, employers must account for their obligations to comply with Federal, state and local wage and hour laws.

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California Sunshine Warms the Market: A Twist on Customer Non-Solicitation Provisions in the Golden State

Posted in California, Employee Mobility, non solicitation, restrictive covenants

Written by Jen Rubin

Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State.  And that unenforceability extends to post-employment non-solicitation provisions restricting individuals from soliciting business from former customers –a “warm market” to those in the know in the sales community.

But a recent decision highlights an exception to this (infamous) California ban on post-employment solicitation.

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D.C.’s New Wage Theft Law Imposes Additional Notice, Posting and Recordkeeping Requirements on Employers

Posted in District of Columbia, Employment Legislation, notices, Wage and Hour

Written by David Barmak and Frank Hupfl

Last October, we reported on D.C.’s soon-to-be-enacted D.C. Wage Theft Prevention Amendment Act.  This Act, which amends several existing D.C. wage and hour laws, includes new notice requirements and retaliation protections, increases employer liability for wage and hour violations and introduces a new administrative hearing process – all changes that employers with D.C.-based employees need to be aware of.

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2015 Health Care Reform Compliance Checklist for Employers

Posted in Affordable Care Act

My colleague Patty Moran authored an article recently published in Bloomberg BNA about the Affordable Care Act’s employer shared responsibility rules that took effect this month. According to this mandate, employers of a certain size must either offer coverage to full-time employees or risk paying a penalty. The article offers a checklist of issues employers should consult to ensure compliance with this rule. Read the full article here.

The Companionship Exemption Remains: D.C. District Court’s Most Recent Decision in Home Care Association of America v. Weil Marks Second Victory for Home Care Employers; DOL Appeals

Posted in District of Columbia, DOL, FLSA, minimum wage and overtime

Written by Frank Hupfl

On January 14, 2015, Judge Richard J. Leon of the D.C. Federal District Court issued another favorable opinion for home care employers by vacating a Department of Labor regulation that would have narrowed the definition of “companionship services.”  The decision comes on the heels of another decision by Judge Leon last month in which he vacated another proposed regulation that would have prevented third-party home agencies from applying the companionship exemption to its employees.

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Bully for You: Ready or Not, California’s Anti-Bullying Training Requirement Starts Now

Posted in California, discrimination

Written by Jen Rubin

Welcome to 2015 and the start of California’s Anti-Bullying Training Requirements. Employers of 50 or more in California must now add an “anti-bullying” training requirement to their training curriculum, which is required to be delivered every two years to supervisory personnel regarding harassment, discrimination and retaliation in the workplace.

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A Board Member’s “Go Bag” for the Unexpected CEO Termination

Posted in termination

My colleagues Jen Rubin and Rich Kelly co-authored an article recently published in Corporate Board Member magazine in which they outline principles and proven techniques to help board members navigate a fast-moving CEO termination. The article emphasizes preparedness for this type of transition and cites steps such as understanding the board’s role, managing legal relationships, informing the board and following proper corporate procedures. Read the full article here.

ConAgra Foods Defeats Challenge to Its Executive Exemption Classification in FLSA Class Action

Posted in Collective Action, DOL, FLSA, Litigation, minimum wage and overtime, misclassification

Written by George Patterson

A federal judge in Arkansas granted summary judgment for ConAgra Foods in a collective action brought by a group of departmental Team Leaders who alleged ConAgra misclassified them as exempt and denied them overtime pay in violation of the Fair Labor Standards Act.  In Garrison v. ConAgra Foods, the court determined that the Team Leaders’ job duties satisfied the four-part test for the FLSA’s “executive exemption,” including the requirement that the employer gave their recommendations regarding the advancement and demotion of subordinate employees “particular weight.”

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Does a Settlement of Remaining Penn State Sanctions Issues Help the NCAA?

Posted in NCAA

My colleague, Tyrone Thomas, was quoted in The Patriot News article entitled Does a Settlement of Remaining Penn State Sanctions Issues Help the NCAA, in which he comments on the NCAA’s enforcement processes as they relate to the child abuse sex scandal at Penn State. The article focuses on potential implications if the NCAA restores Penn State’s vacated Joe Paterno-era football wins.

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from Employment Discrimination?

Posted in discrimination, Hiring, Immigration, New York

Written by Angel Feng

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit.  The lawsuit alleges that Northwestern Mutual Life Insurance Company violated that Act by implementing a policy of hiring only U.S. citizens and lawful permanent residents.

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