Employers whose workers earn most of their compensation through tips, such as restaurant employees, know that they walk a fine line to ensure compliance with the Fair Labor Standards Act (“FLSA”) and numerous other laws.  Last month the Fifth Circuit rejected a program instituted by a restaurant operator in Texas that deducted certain fees before paying tips to its restaurant workers that were earned by customers using credit cards. While the ruling does not close the door on such arrangements, employers who utilize such programs will be under scrutiny to ensure strict compliance with the FLSA.

Read more on it here: http://blog.hrusa.com/blog/restaurants-fee-deduction-program-violates-flsa/

WINDOW CLOSES TODAY!

Employers who wish to take advantage of the safe harbor provision of California’s new piece rate legislation, must provide notice to the Director of Industrial Relations by July 28, 2016.  The deadline for employers to provide notice was temporarily suspended while a Fresno Superior Court considered a petition by Nisei Farmers League requesting a preliminary injunction to prevent the implementation of the safe harbor provisions of Labor Code section 226.2 created by AB 1513.  The temporary restraining order was issued in the case of Nisei Farmers League v. California Labor and Workforce Development Agency, et al., (Case No. 16 CECG 02107).  The original deadline for employers to provide notice to the Director of Industrial Relations was July 1, 2016.

On July 18, 2016, the court heard arguments from the parties on whether a preliminary injunction should be ordered pending formal trial on the question of whether a permanent injunction will be issued.  On July 25, 2016, the court denied the Nisei Farmers League’s motion for preliminary injunction.  Per the court’s Order to show cause, the deadline for employers to provide notice of their election to take advantage of the safe harbor provisions of Labor Code section 226.2(b)(3) is July 28, 2016.

The Director of Industrial Relations will accept notice through 11:59 p.m. on July 28, 2016, but will not accept noticed received after that date.  Employers should provide notice by the end of today by mailing notice to the Director of Industrial Relations, Attn: Piece-Rate Section, 226.2 Election Notice, 1515 Clay Street, 17th Floor, Oakland, CA 94612 or by filling out the online form available on the Department of Industrial Relations website.

Summary of Program

There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This seminar will include tips on whether, and how to, conduct a self audit; understanding the do’s and don’ts of compliance; and best practices.L&E2015

Program Highlights

  • Labor Commissioner Claims and Audits – Conduct Regular Self Audits to Avoid and/or Be Prepared for Claims and Agency Audits
  • EEOC/DFEH Investigations-Responding to Claims
  • EDD Audits  – Misclassification Issues
  • USCIS/ICE Investigations-Complying with I-9 Requirements
  • CalOSHA- Steps to Take to Be Prepared for an Audit
  • Tips re: Government Audits and Physical Site Inspections
  • Policy Compliance Audit
  • HR Legal Compliance Audit

Date:   August 18, 2016

Time:   9:30 a.m. – 11:30 a.m. (Registration and breakfast begins at 9:00 a.m.)

Location:  400 Capitol Mall, 11th Floor, Sacramento, CA

Parking validation provided.  Please park in the Wells Fargo parking garage, entrances on 4th and 5th Street (bring your parking ticket with you for validation).

To register for this seminar, please RSVP to Ramona Carrillo at rcarrillo@weintraub.com.

In a long-awaited decision, the Florida Supreme Court ruled in Marvin Castellanos v. Next Door Company, et al. that the limitations on attorneys’ fees awarded under Florida’s workers’ Compensation statute violates the due process clause of both the Florida and United States Constitutions. As a result of this holding, attorneys are no longer limited to fees based exclusively on a percentage of the benefits actually secured.  They may now be awarded an hourly fee for time and effort reasonably expended on litigating workers’ compensation benefits.

To read the full blog, please visit:  http://blog.hrusa.com/blog/fee-limits-ruled-unlawful-in-florida-workers-comp-cases/ 

The Labor & Employment attorneys at Weintraub Tobin can help you avoid expensive and protracted litigation. We specialize in:

  • Training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws.
  • Conducting independent investigations into complaints of misconduct in the workplace.
  • Mediating employment disputes both pre and post litigation

For more information please contact:

Lizbeth “Beth” West 916.558.6082 or lwest@weintraub.com

Meagan D. Bainbridge 916.558.6038 or mbainbridge@weintraub.com