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|Immediate Amendments to California’s New Sick Leave Law|
Hill Farrer Burrill LLP;
July 31, 2015, previously published on July 2015Governor Jerry Brown signed Assembly Bill 304 on Monday July 13, 2015, amending the Healthy Workplaces, Healthy Families Act of 2014. The Amendment went into effect immediately and changes key provisions of the law regarding calculation of the rate of pay, method of accrual of paid leave, and...
|DOL’s Recent Guidance on the “Economic Realities” Test and Effects on Independent Contractor Misclassification in the Energy Industry|
Ron Chapman, Matthew M. McCluer, Christopher E. Moore; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 31, 2015Paying hot-shot drivers by the load or mile? Contracting out repair work to vehicles or machinery? Are individuals who regularly perform work integral to your business being paid through accounts payable? Have welders that you regularly call for work? Under new guidance published by the U.S....
|New California Law Expands Retaliation Coverage|
Lizbeth Ochoa; Fisher & Phillips LLP;
July 31, 2015, previously published on July 21, 2015On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA) to reflect what many already believed to be the law: employers and other covered entities cannot retaliate against employees or other persons who request a religious accommodation...
|Quest for “Living Wage” Results in Minimum Wage Increases in Kansas City, Missouri|
Adam T. Pankratz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 31, 2015, previously published on July 22, 2015After months of heated debate, Kansas City, Missouri’s City Council voted to incrementally increase the minimum wage in Kansas City, Missouri over time from the current state-mandated $7.65 per hour to $13.00 per hour in 2020. The first incremental increase takes effect on August 24, 2015,...
|Independent Contractors are Most Likely Employees|
David R. Wise; Iseman, Cunningham, Riester & Hyde, LLP;
July 31, 2015, previously published on July 2015Most workers are being classified as employees under the Fair Labor Standards Act (“FLSA”).
|New York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees|
Dino A. Bovell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 31, 2015, previously published on July 22, 2015It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay their cheerleaders the minimum wage. As employees,...
|The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors|
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 31, 2015, previously published on July 22, 2015The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the new rules yields some interesting information...
|New Appellate Court Ruling on Entitlement to Permanency Where the Claimant Dies Before Arbitration|
Vincent Boyle; Heyl, Royster, Voelker & Allen Professional Corporation;
July 30, 2015, previously published on June 2015The Appellate Court, Workers' Compensation Commission Division, issued a 5-0 opinion holding the estate of an unmarried claimant who died from unrelated causes without leaving any dependents could recover PPD benefits that accrued prior to the claimant's death.
|EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the Debate|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 30, 2015, previously published on July 22, 2015In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a protected class, the statute does list “sex,” and the EEOC concluded...
|AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 30, 2015, previously published on July 21, 2015In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison garb in customers’ homes and in public. Writing for a unanimous panel...