On February 22, 2023, the United States Supreme Court released its ruling in Helix Energy Solutions Group, Inc. vs. Hewitt, clarifying that employees who are paid a daily rate likely do not qualify for the executive exemption under the Fair Labor Standards Act (the “FLSA”).
Continue Reading Supreme Court Clarifies the “Salary Basis” Test Under the FLSA for Highly Compensated Executives
Employee time attestations are a valuable way for employers to track missed and/or non-compliant meal and rest breaks. In this episode of California Employment News, Meagan Bainbridge and Katie Collins review how employers can use time attestations to their advantage.
Continue Reading California Employment News: Using Employee Time Attestations
On February 9, 2023, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) to teleworking employees. This guidance provides valuable insight to employers on the DOL’s interpretation of various issues, including: (1) compensation of teleworking employees under the FLSA, (2) protections for nursing employees when working remotely, and (3) eligibility rules for teleworking employees under the FMLA. The purpose of the new guidance seems to be aimed at reminding employers that employees who telework remain covered by the protections of both the FLSA and the FMLA.
Continue Reading The DOL Issues New Guidance Applying the FLSA and FMLA to Remote Workers
On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51).
Continue Reading Good News for Employers: The Federal Arbitration Act Preempts the Prohibition of Mandatory Arbitration Contracts
On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.
Continue Reading The EEOC Issues New Guidance Reminding Employers of Protections for Applicant and Employees with Hearing Disabilities