California has created additional protections for unpaid interns and created additional requirements for sexual harassment prevention training. In addition, California has mandated a new requirement for most employers to provide their employees with paid sick leave. This new sick-leave requirement will go into effect next summer on July 1, 2015. For a more detailed description of these changes, click here to review the Act Now Advisory written by our colleagues Jennifer L. Nutter and Marisa Ratinoff.
Our colleague Jeffrey H. Ruzal recently wrote an article entitled “Illinois Court Holds That Meal Credit Program Is Valid,” which appears in the September 2014 issue of Hospitality Law.
Following is an excerpt:
Providing an employee meal program may be a nice gesture, but requires companies that do so to maintain proper records in case their meal plans are challenged. An Illinois appellate court recently affirmed a circuit court’s dismissal of plaintiff restaurant worker’s class action claim that defendant restaurant employer took improper deductions from ...
Our Epstein Becker Green colleagues have released a new Take 5 newsletter: “Five ACA Issues that Employers Should Be Following” by David W. Garland, Adam C. Solander, and Brandon C. Ge. Below is an excerpt:
Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA issues that employers should be aware of as they move forward:
- ACA-related litigation
- Employer mandate reporting
- Section 510 liability
By Ian Carleton Schaefer, Meg Thering and Gregg Settembrino[1]
The unrelenting wave of wage and hour suits continues to roll through the high-tech industry.
On July 21, 2014, in Felczer v. Apple Inc., Judge Ronald S. Prager of the Superior Court of California granted class certification as to a class of approximately 21,000 current and former Apple retail and corporate employees on claims alleging Apple failed to provide timely meal and rest breaks as required under California Law. The California Labor Code, with a few exceptions, requires employers to provide non-exempt employees ...
On Epstein Becker Green’s Management Memo blog, I review New Jersey U.S. District Court’s ruling in Naik v. 7-Eleven that four franchise owner-operators may pursue overtime and minimum wage claims against franchisor 7-Eleven under both the federal Fair Labor Standards Act (“FLSA”) and the New Jersey Wage and Hour Law (“NJWHL”).
Following is an excerpt from the blog post:
On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers 43 McDonald’s franchised ...
On Epstein Becker Green’s Management Memo blog, Maxine Neuhauser reviews New Jersey U.S. District Court’s ruling in Naik v. 7-Eleven that four franchise owner-operators may pursue overtime and minimum wage claims against franchisor 7-Eleven under both the federal Fair Labor Standards Act (“FLSA”) and the New Jersey Wage and Hour Law (“NJWHL”).
Following is an excerpt from the blog post:
On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers 43 McDonald’s ...
Our colleague Lauri F. Rasnick put together “Five Documents That Financial Services Employers Should Revisit Now” in this month’s Take 5 newsletter. Below is an excerpt:
With summer here, including its long days and blazing heat, many thoughts may turn to beaches, sunshine, and lazy afternoons. The summer may also be a good time for employers—especially those in the financial services sector—to take stock of some of their more important employment documents. In light of recent developments, this month's Take 5 discusses five employment documents worth ...
By: Jordan Schwartz
Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana. The answer varies greatly depending on the state in which you are located.
States continue to pass legislation legalizing marijuana use for specific purposes. On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California ...
The issue of joint-employer status has become a prominent issue of concern for retailers, many of which are comprised of franchises or include independent boutiques and counters in their stores. As the NLRB moves towards a broader definition of joint employer status, the NLRB’s General Counsel’s position in a series of cases involving McDonald’s and numerous franchisees across the country appears to foreshadow the NLRB’s new, more aggressive position on what factors establish the joint employer relationship.
On Epstein Becker Green’s Management Memo blog, Steven ...
With the continued strength of franchising in the hospitality sector and the ever growing reliance on vendors and subcontractors to perform many functions in distribution, maintenance, asset protection and other functions that hospitality employers historically performed with their own employees, creating different levels of integration and affiliation between hospitality entities among providers and their various service providers and contractors, the issue of joint-employer status has become a prominent issue of concern. As the NLRB moves towards a broader ...
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Recent Updates
- Video: NLRB’s Expanding Power - Pushback and Legal Challenges Ahead - Employment Law This Week
- New Jersey’s Department of Labor Adopts Regulations Implementing Key Sections of the Temporary Workers’ Bill of Rights
- In the Cloud: A Safe Place for Your Personal Data?
- Video: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling - Employment Law This Week
- Massachusetts High Court Rules That Franchisees Are Independent Contractors