New York Proposes Predictable Scheduling Regulations for Employees

On November 10, 2017, the New York Department of Labor released a set of proposed regulations affecting the Minimum Wage Order for Miscellaneous Industries and Occupations, which applies to most employers, except hotels and restaurants. The regulations propose the following call-in pay requirements for employers:

  • Reporting to work. An employee who, by request or permission of the employer, reports for work on any shift must be paid for at least four hours of call-in pay.
  • Unscheduled shift. An employee who, by request or permission of the employer, reports to work for any shift for hours that have not been scheduled at least 14 days in advance of the shift must be paid an additional two hours of call-in pay.
  • Cancelled shift. An employee whose shift is cancelled within 72 hours of the scheduled start of such shift must be paid for at least four hours of call-in pay.
  • On-call. An employee who, by request or permission of the employer, is required to be available to report to work for any shift must be paid for at least four hours of call-in pay.
  • Call for schedule. An employee who, by request or permission of the employer, is required to be in contact with the employer within 72 hours of start of the shift to confirm whether to report to work must be paid for at least four hours of call-in pay.

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An Examination of Urgent Employment Issues for HR Executives and In-house Counsel

Date: Thursday, November 16, 2017
Time: 12:00 PM to 1:00 PM PST

Please join Hunton & Williams LLP for a complimentary webinar that will address current concerns faced by employers in California. This program, co-sponsored by Welch Consulting, will examine the following issues:

  • Fair Pay issues
  • Recent PAGA concerns
  • “Ban the Box” and background checks
  • Sick leave
  • Changing local and regional ordinances
  • Sexual harassment

We will also discuss ways to address potential risks proactively, including the use of statistical analyses to avoid future litigation.

We hope you can join us for what should be a very interesting and educational program.

Speakers:

Roland Juarez, Partner, Hunton & Williams LLP
Hyowook Chiang, Senior Economist, Welch Consulting

Register by clicking here.

Questions? Contact Visalaya Hirunpidok at vhirunpidok@hunton.com or 213.532.2003.

 

Labor & Employment Quick Takes: Tips For Renewing Your Company’s Focus On Preventing Sexual Harassment In The Workplace

Allegations of sexual harassment have been flooding the news headlines lately. Partners Emily Burkhardt Vicente and Amber Rogers discuss how these trends may impact employers and identify common sense strategies for minimizing the risk of harassment claims in the workplace. View the 5-minute video here.

California Governor Vetoes and Approves Pay Equity Bills

Gender Pay Transparency Act Vetoed.  On Sunday, October 15, California Governor Jerry Brown vetoed the California Gender Pay Gap Transparency Act, AB 1209, a proposed law that would have required (1) large employers in California to collect and disclose data on how they’re paying men and women differently, and (2) the California Secretary of State to publicly post the data on a state government website.  The proposal – previously deemed a “job killer” by the California Chamber of Commerce, and characterized as the “public shaming of California employers” bill by many – was strongly opposed by the business community.  The Governor expressed concern about the proposal’s ambiguous language and expressed concern that  the ambiguity “could be exploited to encourage more litigation than pay equity.” Continue Reading

The DOJ’s About-Face on Gender Identity Discrimination under Title VII

On October 5, 2017, Attorney General Jeff Sessions released a formal letter on behalf of the United States Department of Justice stating the DOJ’s official position that Title VII “does not prohibit discrimination based on gender identity per se, including transgender status,” officially retracting the DOJ’s previous position under the Obama Administration and setting up a direct conflict with the EEOC’s current position on the scope of Title VII.

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Hurricanes Harvey and Irma – Filing Deadline Extended for Vets-4212 Report

Federal contractors have extra time this year to submit their annual report.   The Department of Labor has this notice on its website.

NOTICE: IMPACT FROM HURRICANES HARVEY AND IRMA

NOTICE: In order to accommodate the needs of those impacted by Hurricanes Harvey and Irma, Federal contractors who file their VETS-4212 Reports by November 15, 2017 will not be cited for failure to file a timely Report or failure to comply with Federal regulations.

In future years, the deadline will return to September 30th.

Trump Taps Management-Side Lawyer to Serve as NLRB General Counsel

On September 15, the White House announced that President Trump will nominate Peter B. Robb, a longtime labor and employment attorney, to become the National Labor Relation Board’s next general counsel.  Assuming Robb is confirmed by the Senate, he would likely take over his position  hopefully in early November following the end of the incumbent’s General Counsel’s term and Robb’s swearing in.

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Federal Judge Invalidates Obama-Era Department of Labor Overtime Rule

On August 31, 2017, a federal district court judge in Texas struck down the Department of Labor’s Obama-era controversial 2016 rule that raised the minimum salary threshold required to qualify for the Fair Labor Standards Act’s “white collar” exemption. Under the proposed regulations, the minimum salary threshold was raised to just over $47,000 per year, and increased the overtime eligibility threshold for highly compensated workers from $100,000 to about $134,000.

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White House Blocks New EEO-1 Wage Reporting Requirements

The day employers have been waiting for, has finally arrived.  The government has indefinitely stayed the requirement that companies begin reporting “Component 2” wage data in their EEO-1 Reports.  Companies around the country are breathing a collective sigh of relief.

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Employee Fired For Being “Too Cute” States A Claim For Gender Discrimination

A New York Appellate decision issued last week—finding that firing an employee for being sexually attractive states a claim for gender discrimination—exemplifies the broad interpretation of discrimination laws in recent years.

Plaintiff Dilek Edwards worked as a yoga instructor and massage therapist for a Manhattan-based chiropractor and wellness center owned and operated by a married couple.  Edwards maintains that she was regularly praised for her performance and maintained a “purely professional” relationship with the husband-owner.

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