On October 24, 2022, the Ninth Circuit Court of Appeals issued an opinion in Cadena v. Customer Connexx LLC holding that the time employees spend booting up their computers is compensable under the Fair Labor Standards Act (the “FLSA”). The decision reverses a 2021 Nevada district court’s decision that came to the opposite conclusion, holding that time spent initiating computers was not compensable.
Continue Reading Ninth Circuit Requires Employee Compensation for Pre-Shift Duties Under FLSA
Disfavour toward employer/employee nondisclosure agreements (NDAs) has been an increasingly popular sentiment expressed by state legislatures over the last few years, and 2022 has seen the trend continue.
Continue Reading States Continue Crack Down on Nondisclosure Agreements
New York Governor Kathy Hochul has signed S.B. 4394, an amendment of Section 740 to the New York Labor Law that dramatically expands safeguards against employer whistleblower retaliation. The new law expands protected activity that entitles an employee to whistleblower protection, the categories of covered workers protected by the statute, and the definition of prohibited retaliatory actions, among other changes. The new law takes effect on January 26, 2022. Some of the key provisions that New York employers should carefully review are listed below.
Continue Reading New York Substantially Expands Employee Whistleblower Protections
The U.S. Department of Labor issued supplemental CARES Act guidance on May 8, 2020, that addresses the interplay between the Federal Pandemic Unemployment Compensation program and partial unemployment benefits at the state level. The FPUC program is the portion of the CARES Act that enhances state unemployment insurance benefits by $600 each week a claimant is eligible for state benefits. That program is in effect only between the week ending April 4, 2020 and the week ending July 31, 2020.
Continue Reading Department of Labor Clarifies Entitlement to Additional $600 in Partial Unemployment Context
As states have worked to process the millions of unemployment claims arising out of the pandemic, many questions have arisen about who is eligible for the federal Pandemic Unemployment Assistance (PUA) benefit under the CARES Act. The Department of Labor’s most recent guidance attempts to answer many of these questions posed by the states and may be helpful to employers considering furloughs or layoffs.
Continue Reading DOL Amplifies Guidance on Pandemic Unemployment Assistance Program
Almost overnight, COVID-19 has radically altered the American workplace. Employers and employees alike have been forced to adapt to unique issues related to employee health, compensation, leave, and in unfortunate circumstances, furlough or lay-off.
Such change may be accompanied by grievances, concerns, and fears. And in some instances, employees will desire to communicate those anxieties to the greater public at large.
Continue Reading Navigating Employee Media Communications in the Age of COVID-19: A Recent NLRB Decision Provides Useful Guidance
Unemployment insurance is a joint federal-state program, administered separately by each state following guidelines established by federal law. On March 12, 2020, the Department of Labor issued advisory guidance for state workforce agencies, suggesting ways in which the states might relax program requirements and expand benefit eligibility in light of the COVID-19 pandemic.
Continue Reading States Follow Department of Labor Guidance for COVID-Related Unemployment Claims
The #MeToo movement has placed sexual harassment on the front pages of newspapers, has galvanized some states to reconsider their own sexual harassment laws, and has encouraged employers to take a closer look at their policies and procedures. With such heightened awareness of sexual harassment, employers may feel an inclination to resolve doubts in favor of the accuser. A recent Second Circuit decision, however, illustrates a counterweight to this outlook.
Continue Reading Sexual Harassment Claims: Follow Policy and Procedure or the Accused May Become the Accuser
The arbitrability of wage-and-hour actions brought under the California Private Attorneys General Act is an increasingly important issue due to the growth of PAGA-only actions in California. In that regard, a split has emerged among courts regarding the arbitrability of PAGA claims for unpaid wages under Labor Code Section 558.
Continue Reading A Split of Authority Regarding the Arbitrability of PAGA Claims Is Due For Resolution
In Hernandez v. Pacific Bell Co., a California court held that employees who drive between their homes and a client worksite (in this case, a customer’s residence) using a company vehicle under the company’s voluntary vehicle take-home program need not be compensated for the commute time.
Continue Reading California Court Holds Commute Between Home and Client Site is Not Compensable Time Under Voluntary Company Vehicle Take-Home Program