California Supreme Court Rejects Federal “De Minimis” Doctrine
August 2, 2018
The California Supreme Court held last week that small amounts of time that an employee works before clocking in or after clocking out for the day are compensable, and an employer’s failure to pay for such time is not excusable under the federal “de minimis” doctrine.
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Effort for Predictive Scheduling Expands
July 30, 2018
Chicago is the latest city to consider an ordinance requiring predictive scheduling at the workplace.
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My Business Doesn't Have to Follow California Law...Does it?
July 25, 2018
On July 12, the California Supreme Court agreed to answer several questions about whether California’s wage and hour laws apply to employees of Delta and United Airlines.
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New York City: Workplace Poster for Temporary Schedule Change Law Published
July 24, 2018
Effective July 18, 2018, New York City employers are required to grant, with limited exceptions, an employee’s request for a temporary change to the employee’s work schedule due to a personal event.
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DOL Provides Guidance Regarding When There is an Employment Relationship with Caregivers
July 23, 2018
There has been a lot of uncertainty in recent years concerning when an entity will be considered an employer of caregivers under the Fair Labor Standards Act (FLSA).
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July Updates in Labor and Employment Law
July 16, 2018
An update on several items in July.
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Ontario, Canada Personal Emergency Leave – Your Questions Answered
June 28, 2018
Due to excellent participation in our recent Bill 148 Q & A Quarterly Webinar, and popular demand for more information about Personal Emergency Leave (“PEL”) during the 19th Annual Ontario Employment Law Conference, we have answered the most pressing questions from participants in this update.
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Considering a Merger or Acquisition? Make Sure You Think About Withdrawal Liability
June 25, 2018
Companies in growth mode often consider acquiring another business.  Dangers lurk beneath any merger and acquisition for a variety of reasons, but many times companies do not consider the type of workforce in the middle of negotiations over value.
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Oregon Bureau of Labor and Industries Issues Final Administrative Rules on Predictive Scheduling
June 19, 2018
Oregon’s predictive scheduling law goes into effect on July 1, 2018. In advance of the law’s effective date, the Oregon Bureau of Labor and Industries (BOLI) has issued final administrative rules that will govern its administration of the law. 
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DOL Clarifies Compensability of Short FMLA Breaks Under the FLSA
June 5, 2018
It has long been the rule that, under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for breaks of 20 minutes or less because such breaks refresh employees and improve productivity and, therefore, primarily benefit the employer rather than the employee.
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Employers Pay $740,000 a Day
May 24, 2018
Employment litigation in general has declined as an outcome of a robust job market. However, wage and hour litigation continues to increase. According to a report recently issued by the United States Department of Labor, Wage and Hour Division, for Fiscal Year 2017 DOL collected an average of $740,000 per day in back pay.
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Current Wage and Hour Issues
May 24, 2018
At this time, Wage Hour continues to operate without an Administrator who has been confirmed by the Senate.
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