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BT Currents - Hot Topics in Employment Law
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15 Aug 2018 Common Sense Prevails in California Wage Victory, Falters in PAGA Action

Section 226 of the California Labor Code requires employers to provide and maintain accurate wage statements, including all applicable pay rates. A plaintiff is “injured” “if the accuracy of any of the items… cannot be reasonably ascertained from the four corners of the wage statement.”   In the recent case Raines v. Coastal Pacific Food Distributors, Inc., an employee sued her employer complaining that she could not readily figure out her overtime wage rate without using a calculator. She also brought a similar PAGA action…

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05 Jul 2018 E is for Equal Pay: Pay Data Reporting And The Shifting Meaning Of “Equal Work”

Pay equity among men and women has been a “front and center” topic for years.  President Obama made it one of the high priorities for his administration and signed the Lilly Ledbetter Fair Pay Act as his first piece of legislation in 2009.  While the issue and its surrounding policies are nothing new today (nor were they in 2009), it is still leaving employers scratching their heads and is a fitting topic for the next letter up in our Letter of the Law Series, the…

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29 Jun 2018 Round Up: Court Rules Rounding Payroll System Permissible Even When (a slight) Majority of Employees Lose Time

A California state appeals court recently held that two California hospitals’ practice of rounding all employee time punches to the nearest quarter-hour was allowed, even when a majority of employees lost time. California law permits employers to round time entries when the payroll rounding system is neutral on its face “without an eye toward whether the employer or the employee is benefiting from the rounding,” and when it does not “systematically undercompensate employees over time.”   In this case, one hospital’s rounding payroll system subtracted time…

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03 Mar 2017 By the Numbers: Women in the Workforce

  In honor of Women’s History Month, the U.S. Department of Labor posted some thought-provoking statistics about working women.  While employers already know women play an important role in the U.S. job market, these figures demonstrate just how significant female workers are in our economy.  Below are some of the fascinating numbers about working women:   Nearly half of the U.S. workforce is comprised of women, with more than 74.6 million women employed in civilian jobs Almost 10 million women are business owners and account…

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15 Jan 2015 Hope For Employers: Some Courts Are Requiring The EEOC To Thoroughly Investigate Allegations Before Siding With Employees

The EEOC, in theory, is supposed to be neutral. It is supposed to collect complaints from individuals who believe that their employers have wronged them, provide the employers with an opportunity to respond, investigate the complaints further if the circumstances warrant it, and provide the parties with an opportunity to conciliate their disputes short of litigation. Many employers feel that the EEOC is hardly neutral, however. They say that, rather than acting as an unbiased third party, the EEOC sees itself as a pro-employee agency…

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07 Jan 2015 The Interns Strike Back: An Update – Court Approves $5.85 Million Conde Nast Settlement, While Appeals Remain Pending in Other Cases

Major magazine publisher Conde Nast closed out the year with preliminary court approval of its $5.85 million settlement of a lawsuit that alleged that thousands of  individuals should have been paid at least the minimum wage for time they spent as interns for magazines such as The New Yorker.  The settlement is expected to cover more than 7,000 former interns. Thus, the parties are able to resolve their dispute without additional time, expense and uncertainty of litigation. The settlement, which will be subject to a…

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14 Nov 2014 New Jersey Employers: Remember Your Notice Requirements

As we near the end of the year, employers doing business in New Jersey should remember some key notice requirements. First, by no later than January 1, 2015, New Jersey employers will need to post the updated Wage and Hour Law Abstract poster (which is on the second page). The poster must be conspicuously displayed and include the new minimum wage increase, which goes into effect on January 1, 2015. The new minimum wage will be $8.38 per hour.   Second, on or before December…

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22 Aug 2014 California Governor Signs Bills Impacting California Wage Suits

  California Governor Jerry Brown signed two bills earlier this week intended to clarify California’s wage laws. The first of these bills, A.B. 2074, clarifies the statute of limitations to file suit for liquidated damages in relation to a violation of California’s minimum wage payment law. Specifically, existing law allows an employee to bring a civil lawsuit against an employer for the unpaid balance of wages/compensation owed to that individual, as well as to recover liquidated damages equal to unpaid wages plus interest in an…

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07 Aug 2014 Illinois Governor Signs Payroll Card Law

  Governor Quinn has signed HB 5622, which amends the Illinois Wage Payment and Collection Act by recognizing payment of wages via payroll card.   As we previously reported, the law does not go into effect until January 1, 2015. At that time, payment of wages via payroll card will be recognized by Illinois law, subject to a number of requirements.  The requirements include the following: Employers must offer employees the option of receiving wages via cash, check or direct deposit and obtain employees’ voluntary…

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11 Jul 2014 A “Bit” of a Challenge to Employers: Bitcoin and Other Alternative Payroll Methods LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

The rise of alternative payroll methods such as prepaid debit cards and Bitcoin is likely to present both opportunities and challenges for employers in the very near future.  In 2013, nearly 4.5 million employees received wages on a payroll card. Major retailers, such as Lord & Taylor and Overstock.com, began accepting Bitcoin as a method of payment. Some employees express a preference for alternative payroll methods.   This growing popularity in unconventional payment methods is no surprise, as the alternatives provide value to both employers…

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