Lewis Brisbois Bisgaard & Smith LLP

Latest Blog Posts

Colorado Supreme Court Holds Employees Cannot Forfeit Vacation Pay Offered By Employer Posted on: July 23, 2021 In: Labor & Employment
In the last year, Colorado has, not surprisingly, experienced a dramatic increase in employment-related laws, rules, and regulations. Most recently, in June 2021, the Colorado Supreme Court issued a long-awaited ruling in the Nieto v. Clark’s Market matter, which concerns the forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA). The court held that employers cannot implement policies that require employees to forfeit vacation pay that’s already been earned, even if they contract otherwise.
Read more »

Tags:
colorado, vacation pay, cwca, payroll, employee benefits
Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: Labor & Employment, COVID-19 Response
Now that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
Read more »

Tags:
flsa, reimbursement, commuting, payroll, covid-19
Legislative Alert: Enhanced Privacy Protections Signed Into Law in Connecticut Posted on: July 21, 2021 In: Data Privacy & Cybersecurity
Connecticut is part of the steady stream of states enacting more complicated and demanding data privacy and cybersecurity laws in 2021. The state joins Colorado and California in adding both a new privacy law and a new cybersecurity law. In this post, we review the key elements of Connecticut's Act Concerning Data Privacy Breaches and its Act Incentivizing the Adoption of Cybersecurity Standards for Businesses.
Read more »

Tags:
connecticut, legislative alert, data privacy, cybersecurity, personal information
Growing Nationwide Emphasis on Pay Transparency: What Employers Need to Know Posted on: July 20, 2021 In: Labor & Employment
Now, more than ever, employers are faced with a nationwide outcry for greater transparency around pay equity and pay transparency, both from employees and potential customers. The Biden Administration certainly echoes these sentiments, and has expressed a desire to pass new pay equity and transparency laws on the federal level. However, numerous states and local governments are not inclined to wait for the federal government to act and have instead begun to pass their own pay equity and transparency laws.
Read more »

Tags:
pay transparency, payroll, equal pay, maryland, colorado, connecticut, california
Three Things to Consider Before Hiring Models for Your Marketing Campaign Posted on: July 15, 2021 In: Labor & Employment
When using models, many companies follow a typical procedure. After deciding what kind of models are needed for a photoshoot or event, they contact a talent agency, select the models, conduct the photoshoot/event, then pay an invoice from the talent agency a month or more after the project is complete. In many places this is perfectly acceptable, but in California, it could lead to potential liability.
Read more »

Tags:
california, independent contractors, abc test, photoshoot
For New York Employers, “You Break It, You Pay For It” Policies May Create Problems Posted on: July 12, 2021 In: Labor & Employment
Employers expect their employees to execute their job duties properly. However, the reality is that accidents happen or, worse, employers end up hiring employees who consistently exhibit substandard performance. A worker’s poor job performance can sometimes cause a company to incur costs to fix mistakes. While larger corporations may be inured to such “cost of doing business” expenses, smaller employers may be less tolerant. This post addresses legal issues under New York law when these concerns arise.
Read more »

Tags:
new york, labor law, compensation, faithless servant doctrine, human resources
Top 6 Legal Issues for Influencer Agreements Posted on: July 09, 2021 In: Labor & Employment
In a world where content is king, the year of COVID-19, which began with massive layoffs and unemployment, spawned a new wave of influencers and brand ambassadors in a generation already filled with these intrepid entrepreneurs. But companies engaging these micro-marketers are learning that projects for influencers are hugely varied depending on the details of the project. In this post, we discuss the top six legal issues to be concerned with in an influencer agreement.
Read more »

Tags:
influencers, employment agreements, ftc, sag-aftra, independent contractors
Social Security Administration Discontinues No-Match Letters Posted on: July 01, 2021 In: Labor & Employment
No-match letters notify employers that an employee’s name and Social Security number on their W-2 do not match SSA’s records. Employers who are the recipients of no-match letters may find it difficult to balance the competing interests of their obligation to investigate and correct the mismatch, yet avoid actions that could be considered discriminatory toward employees in responding to the letters. However, the SSA recently announced that it has discontinued mailing no-match letters to employers.
Read more »

Tags:
social security administration, w-2, no-match letter, edcor, human resources
2021 California Labor & Employment Law Update / 캘리포니아 노동법 2021년 업데이트 Posted on: June 29, 2021 In: Labor & Employment, COVID-19 Response
2021 has been busy so far with the enactment of many labor laws and regulations. This post, available in both English and Korean, discusses California's new labor and employment laws as well as California's COVID-19 supplemental paid sick leave.
Read more »

Tags:
california, minimum wage, cfra, payroll, paid leave, covid-19, korean
Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: Labor & Employment, COVID-19 Response
On January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
Read more »

Tags:
osha, covid-19, emergency temporary standard, healthcare, employment law
Can an Employer Be Assessed Damages for the Loss of One’s Life’s Work? Posted on: June 21, 2021 In: Labor & Employment
The Massachusetts Supreme Judicial Court recently faced the question of whether an employer can be assessed damages for the loss of an employee’s life’s work. The court answered this question in the affirmative, upholding the trial award of an experienced cancer researcher, who received $10.2 million in damages against her former employer, Steward Health. The award represented the cost of reestablishing her research laboratory, lost as a result of the defendant’s unlawful breach of her employment contract.
Read more »

Tags:
massachusetts, employment law, damages, employee work product, healthcare
New York City Enacts the Retirement Security for All Act Posted on: June 14, 2021 In: Labor & Employment
On May 11, 2021, New York City enacted the “Retirement Security for All Act” (Bill Nos. 888-A and 901-A). The law establishes a retirement savings program for private employers with five or more employees if those employers do not otherwise offer employees a retirement plan, such as a 401(K), 403(B), or defined benefit pension plan.
Read more »

Tags:
new york city, retirement, employee benefits, 401k, pension