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

Properly listing employer information on wage statements might seem like a no-brainer, but it can get tricky. Shauna Correia and Rachel Davey break down the details in this episode of California Employment News.

Continue Reading California Employment News: Properly Listing Employer Information on Wage Statements (Part 3)

The PUMP Act

The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new federal law, and also by any parallel state law. California, for example, already had laws regarding requirements for breastfeeding employees (Cal. Lab. Code §§1030-1033), which apply to all employers, including employers with under 50 employees. For the most part, the PUMP Act simply brings the federal minimum standard to a similar base-line of protections.

Continue Reading Oh Mama! Federal Changes You Need to Know for Pregnant, Breastfeeding, and Postpartum Employees