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Labor & Employment Practice

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Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & Employment
Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
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Tags:
employee handbook, human resources, employment law, labor law
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
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Tags:
new york, labor law, retaliation, wage and hour, kickbacks
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.
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Tags:
new york, labor law, compensation, faithless servant doctrine, human resources
California Employers Beware: 3 Things to Consider When Hiring Independent Contractors Posted on: April 08, 2021 In: Labor & Employment
In California, a person providing labor or services is presumed to be an employee, rather than an independent contractor, unless the hiring entity meets the elements of the strict “ABC Test” – a three-part test to show, among other things, that an employee is free from its control and performs work that is outside of its “usual course of business.” In order to avoid common pitfalls in hiring independent contractors, an employer should consider three important steps.
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Tags:
california, independent contractor, abc test, hiring, labor law
Recommendations for Navigating Personnel File & Payroll Record Requests Posted on: March 15, 2021 In: Labor & Employment
Plaintiffs’ attorneys often request an employee’s personnel file and payroll records to assess the strengths and weaknesses of their client’s case prior to filing a formal complaint. Often, they review the records to find additional violations, such as wage and hour violations. The California Labor Code provides employees the opportunity to request both their personnel file and their pay records. Failure to provide the requested documents timely can expose the employer to a penalty.
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Tags:
california, records requests, human resources, personnel files, payroll, labor law
What Labor & Employment Changes to Expect Under The Biden Administration Posted on: March 01, 2021 In: Labor & Employment
Throughout his campaign and first weeks in the White House, President Biden has laid out plans to promote an ambitious labor and employment agenda during his administration. We expect President Biden’s agenda to continue to be crafted though his issuance and repeal of Executive Orders, and will further advanced through the his cabinet picks and agency appointees. This post includes a top-level summary of key labor and employment changes from the Biden Administration that we are following.
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Tags:
biden administration, wage and hour, discrimination, labor law, employment law, eeoc, osha, nlrb
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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Tags:
california, paga, wage and hour, labor law, human resources
Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Tags:
california, wage theft protection act, payroll, human resources, labor law
Four Employment Policy Pitfalls for Multi-Jurisdiction Businesses to Avoid Posted on: October 18, 2019 In: Labor & Employment
In today’s society, where businesses are increasingly operated remotely and employees are spread across the country, employers need to be aware that laws governing their employment-related issues can vary greatly from state to state. Employers operating in multiple jurisdictions should be careful of implementing broad or generalized policies, and should know when to enlist the help of a professional to ensure compliance with applicable federal, state, and local laws.
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Tags:
workplace policy, social media, medical marijuana, multi-jurisdiction, labor law
New Year’s Resolutions for Aggressively Compliant Employers Posted on: September 20, 2019 In: Labor & Employment
It is about to be a New Year! At least, it will be for the federal government as of October 1st, when its new fiscal year begins. Most organizations stress the need for continuous improvement, including in Human Resources. As we approach the end of the government’s fiscal year, business should use this time of year as an opportunity for some organizational “New Year’s resolutions,” such as general house cleaning and a fresh assessment of their risk and compliance strategies.
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Tags:
human resources, fiscal new year, resolutions, risk & compliance, employment law, labor law