Compensatory time off or “comp time” is paid time off that is provided to employees instead of overtime pay. Comp time has been used by public employers for decades. There have been several attempts in the past to legalize comp time for private sector employers. So far, no changes to the law have been passed.
Wage & Hour
California Employers – Revised Wage Orders Posted
The California Department of Industrial Relations (DIR) updated all but Wage Order 14 and 17 recently. The DIR regulates wages and hours for employees. The Division of Labor Standards Enforcement (DLSE) enforces the provisions of the wage orders, including the posting requirements. The Wage Orders are numbered 1 through 17.
The most recent updates were…
Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability
As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’” The U.S. Circuit Court of Appeals for the Ninth Circuit (“Ninth Circuit”) ruled in Santillan v. USA Waste of California, Inc., Case No. No. 15-55238, that Gilberto Santillan — a 53-year-old, Spanish-speaking garbage truck driver — did not have to “provide proof of employment eligibility.”
The appellate court said that was so because Santillan, who had worked for the employer for 32 years, had been fired and then reinstated shortly before his employer required him to provide such proof. It may come as a surprise to employers to learn that an employee who is fired and then reinstated may not have to prove his or her eligibility to work in the U.S. upon reinstatement, but that is the case under federal law. 
Continue Reading Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability
Pennsylvania Employers Can Pay Wages With Payroll Cards
Pennsylvania’s Wage Payment and Collection Law requires employers to pay all wages, other than fringe benefits and wage supplements, due employees on regularly scheduled paydays designated in advance by the employer in cash, bank check, or direct deposit. As of May 4, 2017, Pennsylvania employers will have another option to pay employee wages each pay…
Changing Overtime Policy May Constitute Retaliation
They say that everything is bigger in Texas. That now may be true for the risk that an employer’s change to its overtime policies will result in a claim filed by an employee alleging retaliation in violation of the Fair Labor Standards Act (“FLSA”). That increased risk stems from a ruling by the Texas Court…