Labor & Employment Blog Posts From March 2019

• Blog: ‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling
  Date: March 28, 2019 Title: ‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling
  Summary: The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals. ...
• Blog: A Guide To The Revised New Jersey Minimum Wage Law
  Date: March 26, 2019 Title: A Guide To The Revised New Jersey Minimum Wage Law
  Summary: New Jersey recently passed legislation to gradually increase its current minimum wage of $8.85 per hour to $15.00 per hour by 2024. Initially, the minimum wage will increase to $10.00 per hour on July 1, 2019. However, as with most laws, there are exceptions to the minimum wage increase schedule. ...
• Blog: Scabby the Rat Finally Gets Popped
  Date: March 22, 2019 Title: Scabby the Rat Finally Gets Popped
  Summary: The Seventh Circuit Court of Appeals ruled last month that a Wisconsin town did not violate a local union’s First Amendment rights when it required the union to remove a giant inflatable rat staked to a public highway median. The appellate court held the cities’ zoning ordinance, which banned all private signs on public rights-of-way, allowed the city to deflate the rat without running afoul of the First Amendment. ...
• Blog: In Like a Lion: An Employer’s Guide to Handling Inclement Weather
  Date: March 20, 2019 Title: In Like a Lion: An Employer’s Guide to Handling Inclement Weather
  Summary: Even though it’s March, we’re not out of the woods yet in terms of having to deal with inclement weather. As the Midwest experiences historic flooding, it is reminder that bad weather is always an issue, no matter where you live or what time of year, and now is as a good a time as any for employers to review their handbooks and determine whether they have effective (and compliant) inclement weather policies in place. Here are six things to consider when drafting or updating your inclement weather policy....
• Blog: Double Whammy! Handling Overlapping Employment & Criminal Investigations
  Date: March 18, 2019 Title: Double Whammy! Handling Overlapping Employment & Criminal Investigations
  Summary: It is a situation all employers hope to avoid—alleged criminal misconduct in the workplace. However, if this happens, employers must be prepared to juggle both the civil and criminal actions. Here are five tips for dealing with concurrent investigations....
• Blog: After-Acquired Evidence: The Importance of Documenting Employee Misconduct
  Date: March 15, 2019 Title: After-Acquired Evidence: The Importance of Documenting Employee Misconduct
  Summary: Often, employers do not learn the extent of a former employee’s misconduct until after the employer ends the employment relationship or the employee resigns. This information may be useful if the former employee pursues litigation against the employer because it can be used as the basis for asserting the after-acquired evidence defense. ...
• Blog: FLSA Double Time
  Date: March 12, 2019 Title: FLSA Double Time
  Summary: Last week, the Wage and Hour Division of the US Department Of Labor issued a 219-page Notice of Proposed Rulemaking (NPRM) and accompanying FAQs regarding the regulations defining who is a “white collar” overtime exempt employee. ...
• Blog: Settling Sexual Harassment Cases Post-‘Me Too’: Three New California Laws You Need to Know
  Date: March 11, 2019 Title: Settling Sexual Harassment Cases Post-‘Me Too’: Three New California Laws You Need to Know
  Summary: The “Time’s Up” and “Me Too” movements have sparked societal change in many ways, including in our legal system. In response, the California Legislature quickly enacted several new laws aiming to deter the quieting of sexual harassment claims. Here are the three news laws employers should consider when resolving sexual harassment claims....
• Blog: Collect Call-in?
  Date: March 07, 2019 Title: Collect Call-in?
  Summary: Many employers ask that their employees be “on-call.” This usually means the employee is required to make a quick call to check-in to see if they have to come in to work. Most employers assume they don’t have to pay wages for that call, but in California, that widely held belief may be changing. ...
• Blog: Writ-sy Business: The First Steps to Take Before Challenging a Trial Court Order & Filing That Writ
  Date: March 05, 2019 Title: Writ-sy Business: The First Steps to Take Before Challenging a Trial Court Order & Filing That Writ
  Summary: You’ve obtained an unfavorable trial court order, but you have no right to appeal. If you are in California, you are likely not without some relief. While each jurisdiction has its own unique process and law, in California, you can use a procedural device called a writ.In this post, we address a few key considerations in pursuing a writ, with a focus on the usual process for writs in the Appellate Division of the California Superior Court. ...