1. Federal Exempt Salary Requirement on Hold; California Increase The December 1, 2016 increase in the minimum salary level for exempt employees was put on hold nationwide at the decision of a Texas Judge. The scheduled increase was set to raise the salary threshold under which employers designate workers as “exempt” from overtime and breaks...

Generally, an employer is liable for its employee’s actions while the employee is acting within the scope of his or her employment. Activities such as traveling to and from work are considered to be outside the scope of employment, and therefore, employers are not liable for employee actions during commutes. This is known as the...

As of last week, a federal judge in Texas ruled that the anticipated December 1, 2016 increase in the minimum salary level for exempt employees is to be put on hold – nationwide. The scheduled increase was set to raise the salary threshold under which employers designated workers as “exempt” from overtime and breaks from...

Most employers are aware that timing requirements exist regarding the payment of final wages to employees who quit or are terminated from the company. However, employers now need to know that they owe the same prompt payment to employees who retire from the company according to a recent decision by the California Supreme Court. There...

Can a California employer be liable for failing to accommodate an employee’s request to modify his work schedule to permit him to care for a disabled family member? The court has recently said yes, an employer can be held liable for this behavior under the Fair Employment and Housing Act. In a recent case, a...

Last week, California governor Jerry Brown announced a deal to raise state minimum wage by 50 percent – from $10 to $15 per hour – by 2022.  This wage increase raises wages for nearly 43% of California’s workforce. Brown’s decision for the increase was motivated by the belief that voters would pass such a proposal...

The Fair Employment and Housing Council amended the Fair Employment and Housing Act, and compliance is required by April 1, 2016. In addition to the already-existing requirement for employers to distribute the FEHA brochure on sexual harassment, employers must now provide written harassment, discrimination and retaliation prevention policies. These policies must: be in writing, list...

Attention employers: have you reviewed your employment contracts lately? They may include a provision that violates federal labor law. Last week, the National Labor Relations Board instructed the restaurant chain Waffle House Inc. to remove class action waivers from its employee agreements. Beginning in 2013, Waffle House required its employees to sign arbitration agreements with...

We can anticipate a flurry of new labor rules and regulations as President Obama closes out his final term. Presidents often change regulations on their way out of office, and President Obama is no exception. Here are a few of the rules proposed for enactment in the next year: Fair Pay and Safe Workplaces Rule:...

In our ever-evolving workplace, it has become more common for employees to have two or more employers. This can happen when companies use staffing agencies, independent contractors, or professional employer organizations. The Department of Labor (“DOL”) recently issued an Administrator’s Interpretation dealing with co-employer liability. The following are the takeaways from the interpretation: The employee’s...