Searching Content indexed under Employee Benefits & Compensation by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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It's Here: The DOL's Final Overtime Rule Has Been Released
After years of uncertainty, on September 24, 2019, the Department of Labor released a Final Rule making changes to the Fair Labor Standards Act ("FLSA") overtime regulations.
United States
3 Oct 2019
It's Official: Newsom Expands The Definition Of "Employee" Under California Law
On September 18 2019, Governor Gavin Newsom signed into law AB-5, which codified the California Supreme Court's Dynamex v. Superior Court decision.
United States
24 Sep 2019
Peace For Piece-Rate Employers In Washington
On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay
United States
24 Sep 2019
An Employer's Bargaining Table Complaints As To Poor Business Conditions Is Not A Claim Of Poverty Entitling A Union To Business Sensitive Information
While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative
United States
23 Sep 2019
Fifth Circuit Affirms Enron Broker Not Liable To Employee Stock Option Holders For False Or Withheld Information
Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws...
United States
23 Aug 2019
Salary History Off-Limits Under New Illinois Equal Pay Law
On July 31, 2019, Governor J.B. Pritzker signed a law prohibiting Illinois employers from asking job applicants or their previous employers about salary history.
United States
8 Aug 2019
Predictable Scheduling Makes Its Way To Chicago
Chicago Mayor Lori Lightfoot is expected to sign into law the City Council's recently passed Chicago Fair Workweek Ordinance (the "Ordinance"). The Ordinance, which includes predictable scheduling provisions, will dramatically affect workweek scheduling for many Chicago employers beginning on July 1, 2020.
United States
6 Aug 2019
Employers Can Now Stand Firmly On Not Paying Employees For The Cost Of Slip-Resistant Shoes
To avoid slip and fall accidents, BJ's required its restaurant employees to wear black, slip-resistant, closed-toe shoes. Employees were not required to wear a specific brand, style or design of shoes. Employees were permitted to wear their shoes outside of work.
United States
24 Jul 2019
July 1, 2019 Minimum Wage Increases In California Counties And Municipalities
Many California employees received a raise on January 1, 2019 when the state increased the minimum wage to $12 per hour for large employers (26 employees or more) and $11 per hour for small employers (25 employees or fewer).
United States
8 Jul 2019
CMS Proposes Changes To Medicare Wage Index That Would Increase Reimbursement Rates To Rural Hospitals At The Expense Of Urban Hospital
On May 3, 2019, the Centers for Medicare & Medicaid Services ("CMS") published a comprehensive proposed rule to revise the Medicare payment structure for inpatient prospective payment systems hospitals.
United States
8 Jul 2019
Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law
According to the NLRB General Counsel's Division of Advice (GC), Uber's UberX and UberBLACK drivers are independent contractors exempt from the rights and protections of the National Labor Relations Act (NLRA), including...
United States
5 Jul 2019
10 Labor And Employment Considerations In Esports*
Electronic sports, known in the industry as "esports," has seen remarkable growth in the last decade. The term "esports" refers to the growing world of competitive, organized video gaming
United States
25 Jun 2019
New York Requires Employees Be Provided 3 Hours Paid Time Off To Vote
As part of New York State's fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law providing all New Yorkers with three hours
United States
18 Jun 2019
Washington Enacts Restrictions On Applicant Wage And Salary Questions
Washington State will have new restrictions on what employers can ask applicants regarding their wage and salary history starting July 28, 2019.
United States
17 Jun 2019
California's Meal And Rest Break Rules For Commercial Motor Vehicle Drivers Remain Preempted By Federal Law . . . For Now
Signaling another positive development for interstate motor carriers operating in California, the United States District Court for the Central District of California (the "Central District")
United States
28 May 2019
The Future Of Independent Contractors: Ninth Circuit Applies Dynamex Retroactively And The DLSE Issues Opinion Letter Expanding Its Scope
Last year, the California Supreme Court decided Dynamex Operations West, Inc. v. Superior Court of Los Angeles, a landmark decision that dramatically increased the risk of misclassifying individuals
United States
23 May 2019
EEOC Announces Decision To Collect 2017 Employee Pay Data, In Addition To 2018 Pay Data, By September 30, 2019
In connection with last month's ruling from a Washington, D.C. district court reinstating the U.S. Equal Employment Opportunity Commission's.
United States
22 May 2019
"Financial Core" – A Dissident Writer's Recourse
Amid the confusion and tensions of the WGA-ATA dispute over packaging fees and agency ties to affiliated production entities, more than 7,000 termination letters have been sent out to non-franchised agents...
United States
15 May 2019
The NLRB Continues To Chip Away At Individual Protected Concerted Activity
An employee's right to engage in concerted activities for the purpose of mutual aid and protection is basic to the National Labor Relations Act's (NLRA) Section 7.
United States
8 May 2019
Aiming For Clarity, DOL Proposes To Update The FLSA's "Joint Employer" Regulations
Hoping to clarify when entities should be treated as "joint employers" under the FLSA, the Department of Labor ("DOL") recently announced its intent to revise its so-called "joint employer"
United States
1 May 2019
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