Wage & Hour

Expert Analysis

• Handbook Hot Topics: Attendance Policies

  

  Employee attendance problems are among the most common reasons for disciplinary action and discharge, which is why a clear policy neatly laid out in an employee handbook is necessary to articulate expectations for workers and support an employer's position should any attendance-related disputes arise, says Kara Shea at Butler Snow.

• Noncompete Ban Is Key To Empowering Low-Wage Workers

  

  The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

• Top 5 Issues For Employers If Their Bank Suddenly Fails

  

  The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

• Prepare Now To Comply With NJ Temp Worker Law

  

  New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

• Employment-Related Litigation Risks Facing Hospitality Cos.

  

  A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

• Acquiring A Company That Uses A Professional Employer Org.

  

  With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

• What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling

  

  On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.

• 3rd Circ. Ruling Offers Tools To Manage Exempt Employees

  

  The Third Circuit’s recent opinion in Higgins v. Bayada Home Health, finding the Fair Labor Standards Act allows employers to deduct paid time off for missed employee productivity targets, gives companies another resource for managing exempt employee inefficiency or absenteeism, says Laura Lawless at Squire Patton.

• Illinois Paid Leave Law May Create Obstacles For Employers

  

  Illinois' Paid Leave for All Workers Act, which goes into effect next year, could create issues and potential liability for employers due to its ambiguity, so companies should review and modify existing workplace policies to prevent challenges, including understaffing, says Matt Tyrrell at Schoenberg Finkel.

• What Employers Must Know About FLSA 'Salary Basis' Rule

  Excerpt from Practical Guidance

  

  To satisfy the salary basis requirement for administrative, executive and professional employee exemptions under the federal Fair Labor Standards Act, employers must take care not to jeopardize employees' exempt status through improper deductions, says Adriana Kosovych at Epstein Becker.

• Water Cooler Talk: Quiet Quitting Insights From 'Seinfeld'

  

  Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Paradies Lagardere's Rebecca Silk about George Costanza's "quiet quitting" tendencies in "Seinfeld" and how such employees raise thorny productivity-monitoring issues for employers.

• How FLSA Actions Are Playing Out Amid Split On Opt-In Issue

  

  Courts are currently split on whether opt-in plaintiffs in collective actions under the Fair Labor Standards Act who join a lawsuit filed by another employee must establish personal jurisdiction, but the resolution could come sooner than one might expect, say Matt Abee and Debbie Durban at Nelson Mullins.

• Pros And Cons As Calif. Employers Rethink Forced Arbitration

  

  As California employers reconsider mandatory arbitration pacts following favorable high-profile federal and state court rulings, they should contemplate the benefits and burdens of such agreements, and fine-tune contract language to ensure continued enforcement, say Niki Lubrano and Brian Cole at CDF Labor Law.