On December 22, 2020, the Department of Labor (DOL) issued final rules for pooling tips among employees of hospitality businesses, an industry severely impacted by COVID-19. Where an employer provides the standard minimum wage, the final rule established by the DOL allows the employer to establish a tip pool that includes cooks, dishwashers, and other back-of-the-house employees who ordinarily are not permitted to share tips under the Fair Labor Standards Act.
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Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & Employment
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Documenting and Communicating Demotions Posted on: December 14, 2020 In: Labor & Employment
Proper documentation and communication of demotions are essential to ensuring your employees have a clear understanding of their job duties and company expectations. Taking steps to document these changes in the employment relationship will also help identify any deviations from company policy or gaps in progressive discipline that should be addressed to protect against future litigation. The steps described in this post are best practices to aid you in documenting and communicating demotions.
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California’s Private Attorneys General Act: A Primer Posted on: December 11, 2020 In: Labor & Employment
In recent years, lawsuits involving claims under California’s Private Attorneys General Act (PAGA) have become increasingly popular. Although PAGA is detailed and each case requires an in-depth review by an attorney, this article will provide a brief explanation of the Act.
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Five New Non-COVID-19 Laws Taking Effect in 2021 That California Employers Should Know About Posted on: December 09, 2020 In: Labor & Employment
As 2021 fast approaches, it is important for California employers, and employers with California employees, to be aware of some of the latest labor and employment laws in The Golden State. While most of the discussion online and in the media has focused on the new and significant local, state, and federal legislation issued in response to COVID-19, this article focuses on five new laws that aren't directly responsive to the pandemic, but are still important for California employers to know about.
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What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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Respect and Communication: Pathways to Productive and Satisfied Employees Posted on: December 04, 2020 In: Labor & Employment
As we come off Election Day, there has been a lot of discourse about respect. So, let’s talk about respect in the workplace. Too often, legal claims arise when employees are not treated with basic respect. Business owners and managers must learn to respectfully communicate their expectations to those who work for them. Employees are not robots who perform rote tasks; they are humans who deserve respect and the information they need to perform successfully at work.
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The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: COVID-19 Response
We had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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California Adds Good Faith Exception to “No Rehire” Provisions in Employer-Employee Settlement Agreements Posted on: December 01, 2020 In: Labor & Employment
On September 11, 2020, California Governor Newsom signed Assembly Bill 2143, which slightly modifies the law concerning no rehire clauses in settlement agreements. AB 2143 amends CCP §1002.5 to permit “no rehire” provisions in settlement agreements when the “aggrieved person” did not bring their claim in good faith. This good faith exception stands for the proposition that an employee must have filed their claim against the employer in good faith in order to be considered an “aggrieved party.”
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