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Labor Department Provides Guidance on Compensating Employee Travel Time

The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The technicians did not work at a fixed location or a fixed daily schedule. They worked 8 to 16 hours per day at various locations. Sometimes they stayed in hotels overnight or traveled out of town for training courses. The employer provided technicians company vehicles, which they could use for both work and personal purposes. More ›

Use of Salary History Taboo? Ninth Circuit Weighs In

Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›

California Supreme Court to Provide Guidance on Meal and Rest Breaks

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the following wage and hour issues touching upon the meal and rest period rights of ambulance attendants: More ›

U.S. Supreme Court Rejects Narrow Reading in Favor of "Fair" Reading of FLSA Exemptions

The US Supreme Court recently issued a five-four decision addressing whether service advisers of a car dealership fell within the automobile sales exemption. While the opinion may not seem particularly helpful for businesses that do not sell cars, a deeper reading reveals that it is a positive case for employers. More ›

Temporary Schedule Changes Now Mandatory for New York City Employers

The New York City Council further solidified its commitment to advancing the work-life balance of New Yorkers by requiring employers to allow employees to take two temporary schedule changes per calendar year. Effective July 18, 2018, New York City employees may request a temporary change to their schedule, up to two times per year, for a “personal event” defined as the need to provide care to a minor child or care recipient; the need to attend a legal proceeding or hearing for subsistence benefits; or any circumstances that would be a basis for permissible use of safe time or sick time as defined by the NYC Earned Sick Time Act. The new law amends New York City’s Fair Workweek Law, which was enacted in November 2017, to require employers to grant a request for a temporary change in work schedule. More ›

Being Called a Racist Is Not Unlawful Harassment If Comments Are Not Racially Motivated

Employers are equipped and know how to handle complaints of racial discrimination and harassment—or at least should be so prepared. However, facts have a funny way of developing into novel situations. What happens, for instance, if an employee is being called a racist by other employees? More ›

California Employer Win – Multiple Month Leave Without Finite Return Date Is Not a Reasonable Accommodation

A recent Southern District of California court decision provides California employers with additional guidance on what constitutes a reasonable accommodation. More ›

Massachusetts Attorney General Provides Guidance On Equal Pay Law

Recently, the Massachusetts Attorney General, Maura Healey, issued guidance to assist employers in complying with the state’s Equal Pay Act (“MEPA”), which goes into effect on July 1, 2018. The 30-page guidance is comprehensive, offering an overview of the law, responses to frequently asked questions, a self-evaluation for employers, and a sample checklist of policies and practices. Due to its length and breadth, the guidance should be reviewed by employers in full. However, we note the following important aspects: More ›

In Florida, One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and retaliation claims, and (2) whether rejecting a supervisor’s sexual advance is protected “opposition.” The court answered both questions “yes.” More ›

EEOC Lawsuit Reminds Employers to Accommodate Pregnant Workers As It Does Other Employees

Reminding employers of their obligation to accommodate pregnant employees in the same manner as non-pregnant employees, the Equal Employment Opportunity Commission recently filed a sex discrimination lawsuit against a North Carolina nursing center. The complaint alleges the center violated the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964 (PDA) when it terminated two nursing assistants because of their pregnancy-related restrictions. In one case, the center placed the nursing assistant on unpaid leave when she asked the center to accommodate a pulling, lifting, and pushing restriction placed on her by her physician, then terminated her employment. The center terminated the second employee for similar reasons. The EEOC alleges the nursing center had the ability to accommodate such restrictions because they accommodated similar restrictions for non-pregnant employees who suffered work injuries.The EEOC is seeking declaratory and compensatory relief, as well as other monetary relief, for the terminated employees. More ›

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