New York City Expands Paid Sick Leave Law

New York City Expands Paid Sick Leave Law

On November 6, 2017, the New York City Council passed Int. 1313-2016 that amends the Paid Sick Leave Law.  Don’t panic, employers. The law does not require additional leave. It merely adds another covered reason that employees may use earned paid time off.  New York City’s paid sick leave law will now be entitled the “Earned… Continue reading New York City Expands Paid Sick Leave Law

M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Record

M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Records

Sec’y of Labor v. Caring First, Inc. This case was before the court on the plaintiffs’ motion for sanctions.  Specifically, plaintiffs sought sanctions as a result of the defendant-employers intentional destruction of the relevant payroll records pertaining to plaintiffs’ employment.  While the court denied plaintiffs’ motion to the extent that it sought a default judgment,… Continue reading M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Records

Proposed PHRC Guidance Would Protect LGBTQ Employees in Pennsylvania

Proposed PHRC Guidance Would Protect LGBTQ Employees in Pennsylvania

The Pennsylvania Human Relations Commission (“PHRC”), which enforces Pennsylvania’s state law prohibiting discrimination, has made a bit of splash in 2017.  How, you ask?  Well – that requires a bit of explanation. One of the hottest topics of debate in employment law in the past few years relates to legal protections for LGBTQ employees.  While… Continue reading Proposed PHRC Guidance Would Protect LGBTQ Employees in Pennsylvania

M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Record

M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Records

Sec’y of Labor v. Caring First, Inc. This case was before the court on the plaintiffs’ motion for sanctions.  Specifically, plaintiffs sought sanctions as a result of the defendant-employers intentional destruction of the relevant payroll records pertaining to plaintiffs’ employment.  While the court denied plaintiffs’ motion to the extent that it sought a default judgment,… Continue reading M.D.Fla.: Plaintiffs Entitled to Irrebuttable Presumption That Their Damage Calculations Are Correct Where Defendant Spoliated Payroll Records

3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

Secretary United States Department of Labor v. American Future Systems, Inc. This case was before the Third Circuit on appeal by the employer.  The district court granted the DOL’s motion for summary judgment, holding that the employer’s policy of excluding time for breaks less than 20 minutes long violated the FLSA.  The Third Circuit agreed… Continue reading 3d Cir.: Employer Must Pay for All Breaks Shorter Than 20 Minutes Notwithstanding “Flex Time” Policy

USDOL Announces the Reinstatement of Issuance of Opinion Letters

USDOL Announces the Reinstatement of Issuance of Opinion Letters

The U.S. Department of Labor announced today that it will reinstate the issuance of opinion letters, a practice that was widespread under some prior administrations, but which it elected to forego during the Obama administration.  In an email announcement sent out today, the Department of Labor announced: The U.S. Department of Labor will reinstate the… Continue reading USDOL Announces the Reinstatement of Issuance of Opinion Letters

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest

Arias v. Raimondo This case presented an issue of first impression: Can an employer’s attorney be held liable for retaliating against his client’s employee because the employee sued his client for violations of workplace laws? The district court held that he could not and dismissed the claim. On appeal the Ninth Circuit disagreed and reversed.  Specifically,… Continue reading 9th Cir.: Employer’s Attorney Can Be Sued for Retaliation as a “Person Acting Directly or Indirectly” in Employer’s Interest