HR Alerts

Court challenge looms, but employers urged to prepare for new overtime rule

by Tammy Binford

Apr 30, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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Analysis

Nurse gets second bite at lawsuit apple, hospital must swallow bitter pill

The California Supreme Court recently dealt a difficult blow to clients of staffing agencies when it ruled that a client-hospital could be sued by a temporary nurse who had been placed at the hospital by a staffing...

Jul 24, 2022 · Employment Law Letter · California

Lawsuit called on account of settlement

For the past eight years, minor league baseball players have been in litigation with Major League Baseball, seeking to void a rule capping their pay and prohibiting payment outside the baseball season. On the eve of...

Jul 24, 2022 · Employment Law Letter · California

Every game needs an umpire

Maybe it’s because I write this during the All-Star break. Maybe it’s because Major League Baseball and minor league players have entered into a settlement, but I have been thinking about umpires. Every game needs a...

Jul 24, 2022 · Employment Law Letter · California

Court reverses PERB’s continued troubling involvement on police reform

In a recent decision, the California Court of Appeal partially corrected the Public Employment Relations Board’s (PERB) egregiously misguided decision striking down most of a voter initiative strengthening Sonoma’s...

Jul 24, 2022 · Employment Law Letter · California

Worker arbitration agreements not enforceable against the government

One of the benefits of compelling worker claims to arbitration is the privacy it affords the parties, especially to hiring entities, as well as more efficiency. In regard to public policy, both state and federal law are...

Jul 10, 2022 · Employment Law Letter · California

Flying on a wing formation and a prayer

For the past 50 years, school districts prevented most religious expression around students and schools to avoid giving the impression the school sanctioned a specific belief. The desire to prevent any hint of...

Jul 10, 2022 · Employment Law Letter · California

Exactly when does an employee start being an ‘employee’?

Are California employers required to compensate job applicants for the time and expense of taking a mandatory drug test? The 9th Circuit (which covers California) recently held a district court properly entered judgment...

Jul 10, 2022 · Employment Law Letter · California

Death of a salesman’s overtime claims

The Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) recognize that not all salespeople are created equal for overtime purposes. While “inside” salespeople (those who make sales from a brick-and-mortar...

Jun 30, 2022 · Employment Law Letter · New York

Adult Survivors Act creates significant exposure for New York employers

On May 24, 2022, New York Gov. Kathy Hochul signed the Adult Survivors Act (ASA) into law. The ASA allows certain sexual abuse victims who were 18 years or older at the time of the alleged incidents to file a civil...

Jun 30, 2022 · Employment Law Letter · New York

Texas Supreme Court muffles whistleblower law

Texas has a whistleblower law for public employees. Like playing an accordion, the Texas Supreme Court has both expanded and contracted the statute’s scope over the last several years. On May 27, 2022, the court issued...

Jun 30, 2022 · Employment Law Letter · Texas

Put a hold on all employment offer letters!

The Texas Supreme Court just issued an important opinion on the payment of commissions to employees. The employer’s failure to simply insert one extra paragraph in an offer letter resulted in a whopping verdict against...

Jun 30, 2022 · Employment Law Letter · Texas

Diabetic employee gets ADA case sent to jury

The benign headline above is covering up an ongoing dispute among the 17 judges in the U.S. 5th Circuit Court of Appeals (which covers Texas). The question: Should more or fewer employment cases get sent to a jury trial...

Jun 30, 2022 · Employment Law Letter · Texas

Don’t worry, be happy? 3 ways to help employees find fulfillment

I can’t quite get Bobby McFerrin’s 1988 song out of my head (by the way, I added the question mark for reasons I will get to in a minute) since reading a May 12, 2022, article in the Wall Street Journal, “Confessions of...

Jun 30, 2022 · Employment Law Letter · Texas

Looking back: Few restrictions on background checks

Q How far back are we allowed to verify information (both criminal and previous employer references) when conducting a background check? A It’s not uncommon for an employer to try to find out about a person’s work...

Jun 30, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

Incarceration alone might not affect dependent insurance coverage

Q If an employee’s dependent is sentenced to incarceration for a specified length of time, does that constitute a valid qualifying life event to remove them from insurance coverage while they are incarcerated? A...