As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
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Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports Law
The National Labor Relations Board’s Division of Advice has directed the Regional Director of NLRB Region 31 (the L.A. Regional office) to proceed with the issuance of a formal complaint arising from an unfair labor practice charge filed against the University of Southern California, the Pac-12 Conference, and the NCAA alleging that revenue-generating athletes are currently illegally misclassified as student-athletes rather than as employees pursuant to the National Labor Relations Act.
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Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports Law
After rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
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Avoiding the BBQ Pit(falls) of the Company Summer Picnic Posted on: July 22, 2022 In: Labor & Employment
After two (or more) years of companies having to cancel the time-honored tradition of the company summer picnic and BBQ due to COVID-19 shutdowns and restrictions, both companies and their employees are eager to get back out in the summer weather and get together for water balloon fights and three-legged races. And while such celebrations are a welcome addition to the summer schedule, employers would be wise to keep in mind the following tips to ensure a safe, fun, and low-risk (legally speaking) event.
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Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Sports Law
In a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
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Illinois to Expand Bereavement Leave in 2023 Posted on: July 08, 2022 In: Labor & Employment
On June 9, 2022, Governor Pritzker signed the Family Bereavement Leave Act (formerly titled the Child Bereavement Leave Act) into law. The statute will take effect on January 1, 2023, and its applicability mirrors that of the federal Family Medical Leave Act (FMLA), applying to employers (including public employers) with at least 50 employees and employees who have worked for such employers for at least 12 months and at least 1,250 hours in the preceding 12-month period.
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Pay Attention: In California, Meal and Rest Premiums Are Now Subject to Wage Statement and Final Pay Requirements Posted on: June 09, 2022 In: Labor & Employment
The California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(a). In addition, the prejudgment interest rate for violating any of these sections is 7%. In essence, the ruling means that these premiums may trigger derivative wage statements and waiting time penalties.
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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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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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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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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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