While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment… Continue Reading
Tag Archives: Labor & Employment
Employers May Not Have To Share Tips With Employees
Posted in Employment Contracts and Agreements, Wage & HourIntroduction Imagine this scenario – you have hired a catering company to cater an event for you. The company performs its obligations, providing both the food and catering staff to ensure your attendees are well fed and taken care of. Happy at the conclusion of the event, you pay the company in full, and provide… Continue Reading
New Laws Affecting New York City Retail And Fast Food Workers
Posted in Labor Law, New Legislation and RegulationsOn May 30, 2017, the Mayor of New York City (“NYC”) signed into law five bills related to workplace reform in the retail and fast food industries. These laws are set to take effect on November 26, 2017. New Laws Applicable to Retail Industry in NYC Intro 1387 (On-Call Scheduling), bans the practice of on-call… Continue Reading
Federal Court Prohibits Sexual Orientation Discrimination
Posted in DiscriminationIntroduction For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Under Title VII, an employer may not take an adverse employment action against an employee on the basis… Continue Reading
Are Your Exempt Employees Properly Classified? – It’s Not Just Based on Salary
Posted in Labor Law, New Legislation and Regulations, Wage & HourDate: April 20, 2017 Time: 9:30 a.m. – 11:30 p.m. Summary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, the importance of correctly classifying employees as exempt or non-exempt is… Continue Reading
EEOC Harassment Guidance Receives Much-Needed Update
Posted in Discrimination, Employee Privacy Rights, Harassment, New Legislation and RegulationsThe Equal Employment Opportunity Commission (EEOC) recently reported that between fiscal years 2012 and 2015, private sector charges of harassment increased to account for 30% of all charges of discrimination received by the EEOC. These numbers indicate that harassment liability and prevention continue to be important. The EEOC’s most recent guidance on harassment focused primarily… Continue Reading
“Slaying the PAGA Dragon” – Wage and Hour Compliance for Non-Exempt Employees
Posted in Wage & HourDate: March 16, 2017 Time: 8:30 a.m. – 12:00 p.m. Summary of Program Unfortunately, both single-plaintiff and class-action wage and hour lawsuits continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. The various federal and state wage and hour… Continue Reading
Increases To New York Minimum Wage And Salary Thresholds
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourWhile the Department of Labor may have stayed any national increases to the minimum exemption salary thresholds for the time being, New York employers have not been granted the same reprieve. Effective December 31, 2016, the New York Department of Labor announced incremental increases to its minimum wage laws. With the increased minimum wages, increases… Continue Reading
Emotional Distress Damages Allowed Under FLSA
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Retaliation and Wrongful TerminationCount the Fifth Circuit among the latest to allow emotional distress damages to employees who successfully sue for retaliation under the Fair Labor Standards Act. In a December 19, 2016 opinion, the Fifth Circuit held that the district court should have allowed the jury to receive an instruction on emotional distress damages when it was… Continue Reading
Neutral Solutions: We Help You Connect The Pieces
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and RegulationsThe Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. For more information, please visit our Trainings page here.
New Marijuana Laws And The Workplace
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationLast week, voters in seven states passed new laws relating to marijuana use, both recreational and medical, which has left many employers wondering what this means to them. Can employers still enforce “zero tolerance” drug use policies? Do they have to allow employees to use marijuana in the workplace or during work hours, if they… Continue Reading
“Convincing Mosaic” Not Required In 7th Circuit
Posted in Discrimination, Labor LawSince its 1994, decision in Troupe v. May Department Stores Co., 20 F.3d 734 (7th Cir. 1994), the Seventh Circuit has instructed the district courts within its boundaries (including those in Illinois) to look for evidence that creates “a convincing mosaic of discrimination” in considering summary judgment motions in employment discrimination cases. After more than… Continue Reading
Georgia Protects Small Businesses From Joint Employer Liability
Posted in Employment Contracts and AgreementsOn May 3, 2016 the Governor of Georgia signed Senate Bill (SB) 277 to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated. SB 277 is a very brief and succinct bill that adds the following Section 34-1-9 to Title 34: “Notwithstanding any order issued by the federal government or any… Continue Reading
The Life Span of the Employment Relationship: Hiring, Disciplining and Firing
Posted in Employment Contracts and Agreements, Labor Law, Retaliation and Wrongful TerminationSummary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss recent cases to help business owners, human resource professionals, and managers avoid liability and effectively hire employees as well as carry out disciplines and terminations. This seminar will cover: • Lawful and effective job… Continue Reading
What To Do When Your Best Employee Quits
Posted in Uncategorized“People rarely appreciate a ‘how can you do this to me?’ scene when they first give their notice,” added Chuck Post, an employment attorney at Weintraub Tobin law firm. Find out What to Do When Your Best Employee Quits.