Recent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & Employment
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California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & Employment
On Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success Posted on: October 08, 2020 In: Labor & Employment
Many companies are strategizing on how to diversify their talent pool, not only with new recruits but all the way to the top. These companies not only seek to minimize potential discrimination claims – they strive to bridge the gender gap, shatter the glass ceiling, and create a multi-ethnic, multi-generational, and all-inclusive employee pool designed to contribute to the future success of the business. While these aspirations are admirable, they are only a first step.
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Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & Employment
One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
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