Pay Equity Webinar Now Available

Our 12/11 webinar, Pay Equity: What’s in Your Payroll?, is now available in archived form here.

Thank you to those who joined us yesterday — we look forward to offering more soon.

DOL Issues New Guidance for Hospitality Employers on Tipped Employees

Earlier this month, the U.S. Department of Labor (“DOL”) issued Opinion Letter FLSA2018-27 providing updated guidance to employers on how to pay tipped employees.  The new Opinion Letter abandoned the previous 80/20 tip credit rule. The DOL’s new guidance provides no limit on the amount of time a tipped employee spends on related non-tip-producing duties so long as such duties are “performed contemporaneously with the duties involving direct service to customers or for a reasonable time immediately before or after performing such direct-service duties.”

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Upcoming Webinar – Pay Equity for Employers: What’s in Your Payroll?

Pay equity is one of the hottest topics for employers today. It’s not just about current wages, but hiring inquiries, benefits, and other actions that can create liability for your organization.

Pay practices require diligence from HR staff down to the hiring supervisor; and how your organization is embracing equal pay may be a critical component whenever a claim arises.

Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we dive into federal and state legislation and keys to compliance in your operations.

On the agenda, we will discuss:

– Compensation
– Discrepancies in pay
– How complaints are filed
– Pay factors
– What can trigger a claim

And a closer look at the state law in California, New York, New Jersey and Massachusetts.

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Is Religious Freedom on a Collision Course with Newly Gained Civil Rights?

Since the United States Supreme Court issued Obergefell in 2015, there have been dark predictions that religious freedom and other, more recently gained, civil rights protections are on a collision course. Recent developments might cause this course to run through the employment arena. In August, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a directive to “incorporate recent developments in the law regarding religion-exercising organizations and individuals.” Specifically, the Directive aims to update federal policy to align it with recent Executive Orders and Supreme Court decisions.

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Webinar: Mandatory Harassment Training: What Employers Need to Know

Please join us on October 3, 2017 1:00 pm (10:00 am, Pacific Daylight Time) for a webinar to discuss this growing trend and to ensure that your practices and policies are compliant.

Avoiding harassment claims continues to be one of the most significant issues facing employers.  While many savvy employers are proactive in training their employees to act in a way that minimizes the risk of having a harassment complaint filed, a growing number of states (and some cities) have begun to pass laws mandating training.  California, Maine and Connecticut have led the way with Delaware and New York (and New York City) ready to join the ranks of the states/cities imposing their own various training requirements on employers.  More are sure to follow.

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NLRB Announces Intent to Change Joint-Employer Test

On Thursday, September 13, 2018, the National Labor Relations Board (NLRB) announced its intent to change the standard to determine joint-employment. In a September 13, 2018, news release, the Board stated that it will publish a proposed rule clarifying and restricting the standard to determine when two entities are considered a single “joint-employer” over a group of employees.  The proposed changes would limit joint-employment to employers that possess and exercise “substantial, direct and immediate control over the essential terms and conditions of employment” of another employer’s employees.  The proposed changes would also require that an employer must have exercised its control over the group of employees in more than a “limited and routine” manner.

The current standard was provided in the Board’s decision on Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015).  The Browning-Ferris standard broadened the joint-employer standard to include employers that possess the right to control another entity’s employees regardless of whether the employer exercised that control.  Under the proposed new standard, “indirect influence and contractual reservations of authority would no longer be sufficient to establish a joint-employer relationship.”

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New Noncompete Agreement Law in Massachusetts

Introduction

On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  The bill was signed by Governor Baker on August 10, 2018, and the law will go into effect on October 1, 2018.  The new law will apply only to agreements that are signed on or after October 1, 2018.

The law does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements.

Coverage

The new law applies to employees who work or reside in Massachusetts.  A choice of law clause providing that the law of some other jurisdiction will apply will not be effective with regard to employees who have worked or lived in Massachusetts for at least 30 days prior to termination.  The law includes independent contractors within the definition of “employee” and noncompete agreements with contractors are therefore covered.  As an aside, entities engaging independent contractors should ensure that they satisfy the stringent requirements of the Massachusetts Independent Contractor law.  (M.G.L. c. 149 § 148B.)

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Noncompete Agreement Bill Finally Passes in Massachusetts

On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth.  If the bill is signed by Governor Baker, the law will go into effect on October 1, 2018, and will apply only to agreements that are signed after that date.  The bill does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements.  Click here for the full alert.

Webinar: What Employers Should Know About Class Waivers After Epic Systems Decision

Join LeClairRyan on Thursday, August 23 starting at 1 pm ET for this upcoming event.

In a decisive 5-4 opinion, the Supreme Court held in Epic Systems Corp. v. Lewis that class action waivers in employment arbitration agreements must be enforced under the Federal Arbitration Act (FAA), and neither the FAA’s saving clause nor the National Labor Relations Act (NLRA) suggest otherwise. This case reaffirms longstanding federal policy favoring arbitration.

This complimentary one hour webinar will discuss the Court’s findings, its potential impact on both employers and employees, the pros and cons of employment arbitration agreements, and best practices designed to maximize the enforceability of employment arbitration agreements.

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What Will Janus Mean for Employers?

In recent decades unions have faced several challenges.  First, union membership continues to decline.  As of 2017, 14.8 million workers in America (10.7% of the workforce) were represented by a union, which is down from 17.7 million in 1983 (20.1% of the workforce).1  Second, more than half the states have passed “right-to-work” legislation, which prohibits employees from being required to join a union or pay an agency fee as a condition of employment.2  With Kentucky and Missouri enacting legislation in 2017, 28 states are now “right-to-work” states.

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