RESTAURANT LAW LABOR & EMPLOYMENT ISSUES E. JASON TREMBLAY ARNSTEIN & LEHR LLP
|
|
- Alexia Wilkerson
- 6 years ago
- Views:
Transcription
1 RESTAURANT LAW LABOR & EMPLOYMENT ISSUES E. JASON TREMBLAY ARNSTEIN & LEHR LLP
2 I. WAGE AND HOUR ISSUES IN THE RESTAURANT INDUSTRY
3 COVERAGE UNDER THE FLSA All employers that engage in interstate commerce or in the production of goods for interstate commerce. Only employers who are exempt are those small businesses not engaged in interstate commerce and who have an annual gross revenue under $500,000.
4 WHY PLAINTIFFS ATTORNEYS LOVE WAGE AND HOUR LAWSUIT Payout is extremely large. Frequently asserted as collective and class actions. Attorney s fees are available. Some of the regular burdens of proof are shifted to the employer almost strict liability. Individual liability statute.
5 EXPLOSION OF FLSA CASES FLSA is now the most popular employment collective action. Record # of FLSA suits filed in DOL estimates that 80% of employers are out of FLSA compliance. States with the largest growth in wage and hour litigation are California, Florida, New York and Illinois.
6 WHAT DOES THE FLSA REQUIRE?
7 1. Exempt or non-exempt?
8 2. Accurately and fairly capture and record the hours worked by non-exempt employees.
9 3. Pay at least minimum wage for the first 40 hours of work during a work week. Federal Minimum Wage = $7.25 Illinois Minimum Wage = $8.25 Chicago Minimum Wage = $10.00
10 4. Pay at least 1.5 a nonexempt employee s regular rate of pay for hours worked in excess of 40 hours per work week.
11 5. Special rules for tipped employees Under the FLSA, tipped employees can be paid $2.13/hour (a $5.12 tip credit) if the following are met: Hourly cash wage plus the tips received equals or exceeds the federal minimum wage (or applicable state minimum wage, if higher). The employee retains all tips, subject to only a valid tip pooling agreement. The employee regularly receives more than $30 a month in tips.
12 WHO IS EXEMPT FROM OVERTIME?
13 THRESHOLD INQUIRY Must be paid a salary of at least $455/week (approximately $23,700 per year). *** Must fall into recognized exemption. *** This salary threshold is being updated to at least $921/week ($47,892/year). Could increase once final regulations are issued.
14 MOST COMMON FLSA OVERTIME EXEMPTIONS IN RESTAURANT INDUSTRY Executive Administrative Learned Professional Creative Professional
15 EXECUTIVE EXEMPTION 1. Paid on salary basis of at least $455/week. 2. Primary duty must be management. interviewing, selecting and training of employees, setting and adjusting their rates of pay and work hours, appraising work productivity and disciplining employees, etc. 3. Must have 2 full-time direct report employees. 4. Must have authority to hire, fire and promote. Reference: WHD s Fact Sheet #17B
16 ADMINISTRATIVE EXEMPTION 1. Same salary basis weekly pay threshold. 2. Primary duty must be to perform office or non-manual work directly related to the management or business operations. 3. Use discretion and independent judgment regarding matters of significance. Examples: labor relations/hr, finance directors, public relations, legal officers, insurance claims representative, etc. Reference: WHD s Fact Sheet #17C
17 LEARNED PROFESSIONAL 1. Same salary basis weekly pay threshold. 2. Employee s work requires higher education to perform the job and must have academic training or degree. Examples: Chefs, such as executive chefs and sous chefs, who have attained a 4-year specialized academic degree in culinary arts program. Reference: WHD s Fact Sheet #17D EXEMPTION
18 CREATIVE PROFESSIONAL EXEMPTION 1. Same salary basis weekly pay threshold. 2. Employee s work requires invention, imagination, originality, or talent in a recognized artistic or creative profession. Examples: actors, musicians, composers, soloist, certain painters, writers, cartoonists, novelists, etc. Reference: WHD s Fact Sheet #17D
19 HOT RESTAURANT FLSA TOPICS
20 HOT TOPICS Informing Tipped Employees About Tip Credit Must provide employees with notice (written or oral) that sets forth (i) the amount of hourly cash wage that employer is paying; (ii) the additional amount claimed by the employer as a tip credit; (iii) that the tip credit cannot exceed the amount of tips actually received by the tipped employee;
21 HOT TOPICS (iv) that all tips received by tipped employee are to be retained by tipped employee (except for valid tip pooling arrangement); and (5) the tip credit will not apply to any tipped employee unless the employee is informed of the provisions. Beware of stricter state notice laws. Failure to give notice denies employer s right to take tip credit, which adds a lot to potential damages and liability.
22 HOT TOPICS Best practice is to prepare a standard written notice and have all tipped employees execute at the commencement of employment. Also post notice in common areas.
23 HOT TOPICS Properly Computing Tipped Employees Overtime Pay Common mistake is to calculate overtime by multiplying 1.5 by the sub-minimum wage (hourly cash wage) being earned. In calculating overtime rate for tipped employee, the employer must multiply the prevailing minimum wage (currently $7.25 under federal law) by 1.5, which equals $
24 HOT TOPICS Next, the employer must subtract from that amount the tip credit being taken (currently $5.12 under federal law) to arrive at $5.755, which would then be multiplied by the number of overtime hours worked in a work week.
25 HOT TOPICS Working at Multiple Restaurant Locations Frequently, a restaurant may have several locations. Beware of employees working at multiple locations during a work week, as their collective hours may apply to the 40-hour work week overtime threshold.
26 HOT TOPICS Tip Pooling Tip pooling occurs when directly tipped employees pool their tips, and those tips are redistributed among directly and indirectly tipped employees. Must notify tipped employees of this arrangement in writing and should have all participants sign acknowledgements. Employer must never retain the employee tips. Must apply only to tipped employees.
27 Dual Job Issues HOT TOPICS When employee is performing tipped and nontipped positions, the employer may only use tip credit for hours worked in tipped position. Where employee is performing tipped and nontipped tasks (e.g., setting the table, filling sugar containers, etc.), keep non-tipped duties sporadic and under 20% of the work time.
28 HOT TOPICS Providing Meals to Employees There is nothing illegal about providing meals to employees, but employers who do so need to pay attention to how those meals factor into an employee s pay. Deducting an amount from pay must be the cost to the employer not the price on menu.
29 HOT TOPICS Should not be automatic deduction since there will be instances when employee brings own meal. If employee works overtime in a work week, the cost of meal must be factored into regular rate for purposes of determining overtime rate.
30 II. OSHA AND WORKPLACE SAFETY IN RESTAURANTS
31 BASICS OF OSHA The federal Occupational Health and Safety Administration (OSHA) develops and enforces workplace safety regulations for all industries, including restaurants. Generally, the regulations cover a wide range of safety issues such as: employee training hazards communication hazard protection
32 Restaurant workers are exposed to many jobrelated hazards that may cause injuries and illnesses. Job hazards include: Safety hazards (knives, ovens, slippery floors, etc.) Ergonomic hazards (repetitive lifting, etc.) Other hazards (noise, chemicals, heat, stress, etc.)
33 Most common workplace injuries in restaurants include: sprains and strains cuts, bruises and burns
34 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 1. Failure to implement hazard communications to employees. Material Safety Data Sheets (MSDS) binder should be maintained and all employees should be familiar with its location. Maintain list of hazardous chemicals. Chemicals include oven cleaners, pesticides, disinfectants, drain cleaners, etc. Document employee training and communications regarding hazardous materials.
35 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 2. Failure to maintain Personal Protective Equipment (PPE) or provide training. The restaurant should have protocols and assessments for doing hazardous tasks, such as cutting meat or transferring hot grease. As well, should provide safety equipment (and mandate use) for engaging in hazardous tasks, such as providing cut-resistant gloves, protective clothing or goggles and machine guarding.
36 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 3. Failure to Maintain Portable Fire Extinguishers. Should have the requisite number of (and proper) extinguishers in proper locations, as well as documentation on employee training and how and when to use the extinguishers. Also, should record regular testing and have an Emergency Action Plan and a Fire Prevention Plan in case of fire.
37 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 4. Failure to Maintain Safe Walking-Working Surfaces. Walkways and working surfaces should be clean, dry and not excessively wet. Wet surface signage. Walkways must not be cluttered and must be free from debris and clutter. Ensure adequate lighting and no obstruction of exits.
38 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 5. Failure to Provide Medical Services and First Aid. Employees should be trained in first aid and protocols to follow when an injury occurs. First aid kits should be readily available. Eye washing stations and showers should be available, where necessary.
39 SOME COMMON OSHA VIOLATIONS FOR RESTAURANTS 6. Failure to secure dangerous conditions. Ensure that electrical outlets are not exposed. Ensure that any wall/floor openings are covered. Secure any electrical cords. Secure proper stairway railings and guards.
40 OSHA S FORM 300 LOG OF WORK- RELATED INJURIES AND ILLNESSES Generally, employers must record most occupational injuries and illnesses on the OSHA Form 300. An employer must record any job injury that requires more than first aid treatment or results in lost work time, restricted duties or transfer to another job. Full service restaurants are generally exempt unless requested by OSHA or for fatality or hospitalization of 3 or more employees.
41 III. NLRA ISSUES IN THE RESTAURANT INDUSTRY
42 NLRA/NLRB BASICS The National Labor Relations Board is the federal agency that enforces the NLRA. The National Labor Relations Act applies to union and non-union workforces.
43 NLRA/NLRB BASICS The NLRB has the mission of protecting employees whether union or non-union from employer practices and policies that impinge on the employees rights to organize and bargain collectively. Also, the NLRB is set up to protect employees rights to freely discuss issues related to issues beyond unionizing, such as pay, safety concerns and other workplace conditions.
44 FEW EXAMPLES OF PROTECTED ACTIVITY 1. Two or more employees address their supervisor about getting pay raises. 2. Two or more employees discussing issues related to safety issues in the kitchen. 3. An employee speaking to his manager on behalf of at least one other employee about improving workplace conditions.
45 FEW EXAMPLES OF PROTECTED ACTIVITY Beware of two workers chatting back and forth on Facebook about the above issues the NLRB will consider this protected concerted activity. If any of these situations occur leading up to an employee s termination, care must be taken before disciplining or terminating the employee. Delivery car/safety example.
46 JOINT EMPLOYER STANDARD AND BROWNING-FERRIS INDUSTRIES DECISION Generally, the law has insulated franchisors and separate corporate entities from liability for what their franchisees or related companies do. The NLRB just established new precedent to change the joint employer standard. In doing so, the NLRB threatens the franchise business model.
47 JOINT EMPLOYER STANDARD AND BROWNING-FERRIS INDUSTRIES DECISION The decision paves the way for franchisors to be joint employers of their franchisees employees even if the franchisor has reserved authority and unexercised control over the franchisees employees. Applies equally, if not with more force, to two separate corporate entities that might have related or common owners.
48 JOINT EMPLOYER STANDARD AND BROWNING-FERRIS INDUSTRIES DECISION While time will tell the true impact of this decision, common rules and practices established by a parent company designed to preserve brand standards may now be seen as direct, indirect or unexercised employee control sufficient to invoke joint liability.
49 IV. EEO AND ANTI-HARASSMENT ISSUES IN RESTAURANTS
50 EEO and anti-harassment is really no different in restaurants than in other industries. Bottom line is that employers have a legal obligation to maintain a workplace free from harassment, discrimination and retaliation. They must also have effective complaint and investigation mechanisms to address workplace disputes.
51 WHAT ARE THE PROTECTED CLASSES? There are many protected classes, depending on whether federal, state or local law applies. Federal = race, color, religion, sex, national origin, ancestry, age, disability, pregnancy, military status, citizenship status and genetic information. State and local law will cover many more categories, as well as apply to restaurants that have fewer employees.
52 EFFECTIVE ANTI-DISCRIMINATION POLICY All restaurants should adopt an antiharassment policy that prohibits sexual and other types of prohibited harassment, discrimination and retaliation. 1) Set forth definition of prohibited conduct giving examples. 2) A statement that harassment/discrimination/retaliation is illegal.
53 EFFECTIVE ANTI-DISCRIMINATION POLICY 3) Provide the internal complaint procedures available to the complaining employee (with alternative avenues to complain). 4) A statement that a prompt investigation of the complaint will take place. 5) Provide assurances that complaining employees, or anyone else involved in the investigation, will not be retaliated against.
54 EFFECTIVE ANTI-DISCRIMINATION POLICY The policy should be written in plain English, keeping in mind the age and native language of the employees (e.g., high school employees, etc.). Ensure all employees receive a copy of the policy and execute their acknowledgment of receipt and understanding.
55 STRATEGIES FOR DISCRIMINATION PREVENTION A well-written policy is only so good as it is followed. Annual training should be conducted for employees on topics such as what constitutes harassment and discrimination and how to report it. And, a record of such training should be documented and preserved.
56 STRATEGIES FOR DISCRIMINATION PREVENTION Supervisors and managers should separately be trained on such topics as how to identify and deal with harassment/discrimination issues, and what steps they must take if a complaint is conveyed to them.
57 STRATEGIES FOR DISCRIMINATION PREVENTION Employers should also routinely monitor the workplace by going into the workforce and asking employees and managers about the work environment. Inquire for input as to working conditions in an effort to address issues before they become a problem.
58 STRATEGIES FOR DISCRIMINATION PREVENTION No matter how small the complaint, take all complaints seriously even if the complainant does not want an investigation to be conducted. Better safe than sorry.
59 V. CONFIDENTIALITY, NON-COMPETE AND NON-SOLICITATION ISSUES FOR RESTAURANTS
60 WHAT ARE RESTRICTIVE COVENANTS? Provisions that restrict an employee s conduct during and after employment. Three primary types: Covenants not to compete. Covenants not to solicit. Covenants not to disclose confidential information. Dictated by state law (which varies widely).
61 WHEN ARE RESTRICTIVE COVENANTS ENFORCEABLE? To be valid, a restrictive covenant must: Be reasonable and narrowly tailored; Protect legitimate business interests; and Supported by adequate consideration.
62 WHEN ARE RESTRICTIVE COVENANTS REASONABLY TAILORED? Geographic scope. Temporal scope. Prohibited activity.
63 GEOGRAPHIC SCOPE Case by case and fact specific analysis. Area should correspond with where the employer conducts business. Nationwide restrictions enforced. Local restrictions not enforced.
64 Fact specific. TEMPORAL SCOPE Determined by amount of time to develop relationship. Generally, restrictions of 1-2 years are enforceable.
65 PROHIBITED ACTIVITY Activities must be limited and specified. Restricting an employee from working in any capacity for a competitor would be invalid. Restricted activity should be narrowly tailored to employee s job or similar duties. Restricted activity should also relate to using confidential or trade secret information.
66 WHAT IS A LEGITIMATE BUSINESS INTEREST IN THE RESTAURANT INDUSTRY? Recipes and formulas. Methods of doing business. Customer relationships (but difficult).
67 OTHER WAYS TO PROTECT YOUR RESTAURANT Trademark name of restaurant. Create signature names for dishes and trademark them. Consider patent protection for unique recipes. Extend brand by selling signature products.
68 FIRST THINGS TO DECIDE Determine whether you need a nonsolicitation, non-compete, non-disclosure provision or all of them. Ensure the covenant is enforceable under state law. Determine the protectable interest and ensure it is actually protected.
69 OTHER SUGGESTIONS Secure restrictive covenant during pre-hire negotiations. Draft restrictive covenant with enforcement in mind. Venue & forum selection clauses. Choice of law provision. Savings and blue pencil clauses. Avoid arbitration. Attorney fee & injunction provision. Do not materially breach employment contract.
70 VI. IMMIGRATION ISSUES IN THE RESTAURANT INDUSTRY
71 Government has been cracking down on employers use of illegal immigrants in many industries, including the restaurant industry. Chipotle, Pei Wei, McDonald s and Krispy Kreme have all come under scrutiny for the employment of undocumented workers. Smaller restaurant chains and independent restaurants are not immune to this issue.
72 WHY IS THIS ISSUE IMPORTANT? An employer found guilty of hiring employees who are not authorized to work in the U.S. may be subject to civil fines and/or criminal penalties in the hundreds of thousands of dollars. Engaging in a pattern of hiring illegal aliens can result in additional fines and even imprisonment.
73 WHAT SHOULD RESTAURANTS DO? 1. Ensure that you comply with IRCA (Complete a valid Form I-9 for each new employee) Each employer is obligated, as part of the employment process, to examine specific documents that verify both the individual s identity and eligibility for employment. Acceptable forms of ID change frequently.
74 WHAT SHOULD RESTAURANTS DO? Documents submitted must be originals or certified copies. Let the employee choose the appropriate form of I-9 identification. For a more complete explanation, review the Handbook for Employers Instructions for Completing Form I-9 which can be downloaded from the USCIS website.
75 WHAT SHOULD RESTAURANTS DO? 2. Conduct an internal I-9 audit at least once a year. Having a consistently scheduled internal I-9 audit (at least once a year) can demonstrate a good faith effort on the part of the restaurant employer to avoid employment of unauthorized workers. It can also help head off any issues related to typos and spelling errors, missing or outdated information and expiration of identification documents.
76 WHAT SHOULD RESTAURANTS DO? 3. Participate in E-Verify: Consider using E-Verify. E-Verify compares information from the Form I-9 to data from the Department of Homeland Security and Social Security Administration. It is a voluntary, free, fast service. By participating in E-Verify, legally, it is presumed that the employer has complied with I-9 requirements.
77 QUESTIONS? E. Jason Tremblay Arnstein & Lehr LLP 120 S. Riverside Plaza Suite 1200 Chicago, Illinois (312)
Employment Law for Businesses Easy Steps to Protect Your Business. Are You Classifying Your Employees Correctly? FLSA Compliance Tips and Strategies
Employment Law for Businesses Easy Steps to Protect Your Business Are You Classifying Your Employees Correctly? FLSA Compliance Tips and Strategies April 18, 2012 Today s s Agenda I. Introduction to the
More informationEmployment: High Profile Issues and Workplace Controls Vincent Browne Eugene Clark Kevin Leblang Arline Mann Susan McSwain Grace Speights
Employment: High Profile Issues and Workplace Controls Vincent Browne Eugene Clark Kevin Leblang Arline Mann Susan McSwain Grace Speights May 6, 2010 General Topics To Be Covered The Expanded Enforcement
More informationBasic HR Audit Checklist
Basic HR Audit Checklist Hiring Job Descriptions for all position I-9 Forms Completed with proper identification I-9s and medical information kept separate from personnel file Posting job internally Reference
More informationNEW YORK STATE BAR ASSOCIATION. LEGALEase. Labor and Employment Law. New York State Bar Association 1
NEW YORK STATE BAR ASSOCIATION LEGALEase Labor and Employment Law New York State Bar Association 1 What is Labor and Employment Law? This pamphlet is intended to provide Employers and Employees with general
More informationYEAR-END UPDATE ON NYS AND NYC EMPLOYMENT LAWS
YEAR-END UPDATE ON NYS AND NYC EMPLOYMENT LAWS Over the past several years, both New York State and New York City have enacted significant new employment and labor laws. This Update summarizes the key
More informationYEAR-END UPDATE ON NYS AND NYC EMPLOYMENT LAWS 1
YEAR-END UPDATE ON NYS AND NYC EMPLOYMENT LAWS 1 Over the past several years, both New York State ( NYS ) and New York City ( NYC ) have enacted significant new employment and labor laws. This Update summarizes
More informationEmployment Law for Brewery Managersand Distributors
Employment Law for Brewery Managersand Distributors Melinda Sellers, Burr & Forman LLP Anda Lincoln, Funkwerks, Inc. Employment Law for Brewery Managers National Labor Relations Act Worker's Compensation
More informationNicole Sellers. Fair Labor Standards Act. Presented by the. U.S. Department of Labor Wage and Hour Division. TACA Short Course February 27, 2012
Fair Labor Standards Act Presented by the Nicole Sellers TACA Short Course February 27, 2012 Major Provisions Coverage Minimum Wage Overtime Pay Youth Employment Recordkeeping Employment Relationship In
More informationWHITE COLLAR EXEMPTIONS FOR HOTEL OWNERS
WEBINAR WHITE COLLAR EXEMPTIONS FOR HOTEL OWNERS Presenters: Rachel Mast-Matos and Susan Denham Prepared by and republished with the express permission of United States Department of Labor Disclaimer AAHOA
More informationJennifer Swayze SPHR-CA, GPHR, SHRM SCP, CEBS Employment Law Compliance Analyst. Compliance Risks In Human Resources
Jennifer Swayze SPHR-CA, GPHR, SHRM SCP, CEBS Employment Law Compliance Analyst Compliance Risks In Human Resources The information in these materials, and that provided by the presenter, should not be
More informationEMPLOYMENT AUDIT CHECKLIST
EMPLOYMENT AUDIT CHECKLIST I. Classification of Staff Employee Exempt (from minimum wage and overtime) 1. Must be Salaried (Same rate of pay each pay period regardless of the number of hours worked); and
More informationUpdating Your Employee Handbook
Updating Your Employee Handbook Presented by: Tracy A. Leahy and Nitya S. Lohitsa March 18, 2014 REASONS FOR EMPLOYMENT HANDBOOK Prevent Litigation Communication Tool for Employees Provide Clear Expectations
More informationFact sheet. New York State Department of Labor Wage Theft prevention act. What is New?
Fact sheet New York State Department of Labor Wage Theft prevention act A law passed in 2010 gives more protection to workers in New York State. This law, the Wage Theft Prevention Act (WTPA), took effect
More informationFederal Law Update. The New FLSA Overtime Exemption Rules. AIM HR Solutions. Presented by : Russ Sullivan. www. aim net. org
Federal Law Update The New FLSA Overtime Exemption Rules Presented by : Russ Sullivan AIM HR Solutions @AIMHRSolutions #AIMHR blog.aimnet.org www. aim net. org 617. 262. 1180 Session Overview Challenges
More information4/12/2016. Session Objectives
Hot Topics in HR for 2016-2017 Arkansas MGMA 2016 Annual Conference Copyright 2016 State Volunteer Mutual Insurance Company Session Objectives Identify areas on which the DOL is focusing audit Understand
More informationDEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT NON-PROFITS NEED TO KNOW
DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT NON-PROFITS NEED TO KNOW Presentation for Non-Profits Thursday, October 6, 2016 Today s Presenter 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing
More informationIndependent Contractor or Employee? That is the Question!
November 1, 2018 Independent Contractor or Employee? That is the Question! Gail E. Farb 2016 Williams Parker Welcome Profile of Gail E. Farb Gail E. Farb is a Labor and Employment Attorney in the law firm
More informationLeading a Small Business
Leading a Small Business Effective People Leadership for Success Dawn Garcia, MS, RN, CMQ-OE Principal, Pursuit of Excellence LLC PAGE 1 PURSUIT OF EXCELLENCE LLC Leading a Small Business Effective People
More informationHiring, Firing and Everything in Between
Hiring, Firing and Everything in Between Iowa Credit Union League Convention September 17, 2015 CUNA Mutual Group Proprietary Reproduction, Adaptation or Distribution Prohibited 2014 CUNA Mutual Group,
More informationFLSA Exemption Test Worksheet
FLSA Exemption Test Worksheet Executive, Administrative, Computer, and Professional Exemption Tests Federal law provides that certain employees may be exempt from the overtime wage provisions of the Fair
More informationBarbara Strozzilaan 201, 1083HN Amsterdam
Brack capital properties N.V. ( BCP or the Company ) code of Ethics 1. Introduction This Code of Business Conduct and Ethics covers a wide range of business practices and procedures. It does not cover
More informationOVERTIME OVERHAUL: WHAT YOU NEED TO KNOW ABOUT EXEMPT AND NONEXEMPT STATUS
OVERTIME OVERHAUL: WHAT YOU NEED TO KNOW ABOUT EXEMPT AND NONEXEMPT STATUS AND OTHER WAGE AND HOUR PITFALLS January 17, 2017 M i s s y M c J u n k i n s D u k e C r o s s, G u n t e r, W i t h e r s p
More informationTen Ways to Stay Out of Court. October 10, 2018
Ten Ways to Stay Out of Court October 10, 2018 NFIB Small Business Legal Center We are the voice for small business in the courts and the legal resource for small business owners nationwide. While the
More informationFLSA Game-Changing Rules for Boards of Education
FLSA Game-Changing Rules for Boards of Education July 13, 2016 Jill E. Hall, Esquire Bowles Rice LLP 600 Quarrier Street Charleston, West Virginia 25301 304-347-1128 jhall@bowlesrice.com Fair Labor Standards
More informationAgenda. Controlling Wage & Hour Claims 2016 HFTP Club & Hotel Controllers Conference 6/15/2016. Kara M. Maciel /
Controlling Wage & Hour Claims 2016 HFTP Club & Hotel Controllers Conference Kara M. Maciel, Esq. Chair, Labor & Employment Practice Group Kara M. Maciel kmaciel@connmaciel.com / 202.909.2730 Kara Maciel
More informationHIRING & FIRING. Presented By:
HIRING & FIRING Presented By: Douglas J. Farmer, Esq. Ogletree Deakins Nash Smoak & Stewart, P.C. One Market Plaza, Steuart Tower, Suite 1300 San Francisco, CA 94105 415-442-4810 Douglas.farmer@ogletreedeakins.com
More informationManaging the Changes in the Fair Labor Standards Act
Managing the Changes in the Fair Labor Standards Act 2016 Summer Conference June 29, 2016 Linda Bond Edwards Linda Bond Edwards Overview of Changes Become effective December 1, 2016; Increases minimum
More informationFLSA Compliance. Presented by Stephanie Buduhan, PSK LLP June 20, 2017
FLSA Compliance Presented by Stephanie Buduhan, PSK LLP June 20, 2017 Discussion Topics History of the Fair Labor Standards Act Who Falls Under the FLSA? Exempt vs Nonexempt Compliance Tips Copyright June
More informationTHE CHICAGO FAIR WORKWEEK ORDINANCE. As used in this Ordinance, the following terms shall have the following meanings:
THE CHICAGO FAIR WORKWEEK ORDINANCE 010 - Definitions As used in this Ordinance, the following terms shall have the following meanings: Calendar Week shall mean a period of seven consecutive days starting
More informationArizona Minimum Wage Act
Arizona Minimum Wage Act Frequently Asked Questions and Answers Under A.R.S.23-364(A), which became effective January 1, 2007, the Industrial Commission of Arizona was given the authority to enforce and
More informationEXEMPT VS. NON-EXEMPT Identifying Employee Classification
EXEMPT VS. NON-EXEMPT Identifying Employee Classification Employee Classification Keeping it all straight The comptroller of a small company notices that her accounting clerk works a lot of overtime. In
More informationNEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS
NEW FEDERAL REGULATIONS REDEFINE EXEMPT EMPLOYEE STATUS By: William James Rogers, Esquire Thomson, Rhodes & Cowie, P.C. Introduction On April 23, 2004, the U.S. Department of Labor published in the Federal
More informationSmall Entity Compliance Guide
Wage and Hour Division United States Department of Labor Small Entity Compliance Guide to the Fair Labor Standards Act s White Collar Exemptions > For more information visit www.dol.gov/whd The Department
More informationNEW HAMPSHIRE. This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationWORKER CLASSIFICATION ISSUES FOR NON-PROFIT ORGANIZATIONS A N N E S P I E L B E R G & R U T H E I S E N B E R G
WORKER CLASSIFICATION ISSUES FOR NON-PROFIT ORGANIZATIONS A N N E S P I E L B E R G & R U T H E I S E N B E R G May 19, 2015 Anne Spielberg and Ruth Eisenberg are partners at Harmon, Curran, Spielberg
More informationLABOR & EMPLOYMENT ALERT
LABOR & EMPLOYMENT ALERT HIGHLIGHTS OF THE CALIFORNIA AND NEW YORK WAGE THEFT PREVENTION ACTS New York and California have both recently enacted Wage Theft Prevention Acts ( WTPA ). These WTPAs were enacted
More informationWHY WAGE AND HOUR CLAIMS WILL REMAIN AT RECORD HIGHS. By: James M. Reid, IV, Esq. I. WHY ARE WAGE AND HOUR CLAIMS AT RECORD HIGHS?
WHY WAGE AND HOUR CLAIMS WILL REMAIN AT RECORD HIGHS By: James M. Reid, IV, Esq. I. WHY ARE WAGE AND HOUR CLAIMS AT RECORD HIGHS? A. Many employees feel cheated since unions and other advocates have created
More informationFair Labor Standards Act (FLSA) Presented by Jackson State University Department of Human Resources Mrs. Robin Spann-Pack, Executive Director
Fair Labor Standards Act (FLSA) Presented by Jackson State University Department of Human Resources Mrs. Robin Spann-Pack, Executive Director What is the Fair Labor Standards Act? The Fair Labor Standards
More informationDeveloping a Strategy for Managing Employment Law Issues
Basic Employment Law Issues For Emerging Companies Kristy L. Avino McCarter & English, LLP kavino@mccarter.com May 19, 2016 Developing a Strategy for Managing Employment Law Issues Policies, Best Practices,
More informationWhat Are We Talking About?
THE NEW WORKFORCE: The In-House Counsel's Guide to Understanding Legal Exposures and Managing Risk San Francisco Palo Alto May 2 May 4 What Are We Talking About? How can businesses address staffing challenges
More informationSupplier Code of Conduct
Supplier Code of Conduct Supplier Code of Conduct In everything we do, Workday is committed to the highest standards of social responsibility, environmental responsibility, and ethical conduct. We expect
More informationWHEREAS many employers choose to employ workers on a part-time basis to avoid providing health insurance and other important job-related benefits; and
AN INITIATIVE ORDINANCE OF THE CITY OF SAN JOSE AMENDING TITLE 4 OF THE SAN JOSE MUNICIPAL CODE TO REQUIRE EMPLOYERS TO OFFER HOURS OF WORK TO EXISTING QUALIFIED PART-TIME EMPLOYEES BEFORE HIRING NEW STAFF
More informationSENATE AMENDMENTS TO SENATE BILL 828
th OREGON LEGISLATIVE ASSEMBLY-- Regular Session SENATE AMENDMENTS TO SENATE BILL By COMMITTEE ON WORKFORCE April 1 1 1 0 1 On page 1 of the printed bill, line, delete and amending ORS A. and insert amending
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR DELAWARE. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationOvertime Pay Compliance for a New Era of Employment Law:
A publication of Hunter Business Law Copyright 201 6 Overtime Pay Compliance for a New Era of Employment Law: Effective Strategies and Planning Tools for Employers A GUIDE TO EMPLOYMENT COMPLIANCE LAST
More informationCODE OF CONDUCT FOR DOING BUSINESS WITH LINKEDIN
CODE OF CONDUCT FOR DOING BUSINESS WITH LINKEDIN TABLE OF CONTENTS INTRODUCTION 1 Expectations LINKEDIN VALUES 2 MAINTAINING BUSINESS INTEGRITY 3 Anti-Corruption Competition Laws PROMOTING TRANSPARENCY
More informationWage & Hour Law 2015: Employee Classification Workshop & New Overtime Rules. Anniken Davenport, Esq. - Davenport Communications
Wage & Hour Law 2015: Employee Classification Workshop & New Overtime Rules Anniken Davenport, Esq. - Davenport Communications Fair Labor Standards Act 2 Requires employers to pay covered or nonexempt
More informationSTART UPS AND EMPLOYMENT LAW RISKS. ROBERT PHANSALKER, Esq. Outten & Golden New York, NY
START UPS AND EMPLOYMENT LAW RISKS by ROBERT PHANSALKER, Esq. Outten & Golden New York, NY 119 120 NYSBA Start-Ups and Employment Law Risks New York, New York November 18, 2016 Robert Phansalkar Common
More informationTHE OVERTIME LAW HAS CHANGED! THE NEW RULES BECOME EFFECTIVE DECEMBER 1, 2016
THE OVERTIME LAW HAS CHANGED! THE NEW RULES BECOME EFFECTIVE DECEMBER 1, 2016 Presented by: Michael J. Gore, Esq. mgore@ciklinlubitz.com 561-820-0356 CIKLIN LUBITZ & O CONNELL 515 North Flagler Drive,
More informationNew Overtime Pay Rule
New Overtime Pay Rule Overview On May 18, 2016, the U.S. Department of Labor (DOL) released its final rule updating overtime requirements for employers. The rule takes effect December 1, 2016 and makes
More informationTHE LAW. Equal Employment Opportunity is
Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private
More information#OvertimeRules. What the new overtime rules mean to YOU!
#OvertimeRules What the new overtime rules mean to YOU! Andrew Shipp 936-553-0920 ashipp@shipplawfirm.com Polly Etta Sunda 936-569-5918 psunda@axleyrode.com Thank you, Sponsors! Disclaimer The information
More informationApplication for Employment Utah
Application for Employment Utah Equal access to programs, services and employment is available to all persons. Those applicants requiring a reasonable accommodation to the application andor interview process
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IOWA. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More information10 Ways to Get Your Company Sued in California
Presented by Max Muller Staying Out of the Hot Seat: 10 Ways to Get Your Company Sued in California 2015 National Seminars Training. All rights reserved, including the right to reproduce this material
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2012, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR IDAHO. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationALERT. U.S. Department of Labor Proposes Revisions to White-Collar Overtime Pay Exemptions
Client ALERT April 2003 U.S. Department of Labor Proposes Revisions to White-Collar Overtime Pay Exemptions Proposed Federal Rule Would Raise Dollar Thresholds, Streamline Duties Tests, and Create a New
More information-10>487!#!B!(6958A11!'/>/!
' -10>487!#!B!(6958A11!'/>/! (6958A11!>8!086951>1!/55!4>16="!!,51/=1!9"! (6958A11!'/>/! 9MBH@J!9DBROHQV!"(???????????????????!,@QD!ME!*HOQG(!???'???'???!.HOPQ(!???????????????????????!4HCCJD(!?????!3@PQ(!????????????????????????????????!
More informationemployee handbooks Must-Have Policies, Policies to Avoid, and More
employee handbooks Must-Have Policies, Policies to Avoid, and More Table of Contents Must-Have Policies for Your Employee Handbook...3 Employee handbooks are an excellent resource for communicating company
More informationEmployment and Labor
Employment and Labor Analysis of the Department of Labor s Proposed Changes Under the Fair Labor Standards Act* Thomas J. Flaherty tflaherty@pillsburywinthrop.com Tel. 703.905.2186 June 2003 Pillsbury
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR WISCONSIN. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationTHE LAW. Equal Employment Opportunity is
Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private
More informationCAPE COD HUMAN RESOURCES ASSOCIATION OCTOBER 25, 2012 EMPLOYMENT POLICIES AND PRACTICES COMPLIANCE AUDIT Checklist of Subject Matter
CAPE COD HUMAN RESOURCES ASSOCIATION OCTOBER 25, 2012 EMPLOYMENT POLICIES AND PRACTICES COMPLIANCE AUDIT 2012 Checklist of Subject Matter Falmouth, MA 508-548-4888 Boston, MA 857-284-7291 Hingham, MA 781-749-4433
More informationProposition 206. John Balitis Jessica Post
Proposition 206 John Balitis Jessica Post Proposition 206, The Fair Wages and Healthy Families Act Proposition 206, the Fair Wages and Healthy Families Act (the Act ), was a ballot initiative on the November
More informationTop 10 Employment Law Issues Facing Car Dealers in 2013
Top 10 Employment Law Issues Facing Car Dealers in 2013 With Charles Feuss, J.D. of Kilpatrick, Townsend & Stockton LLP Moderated by Mike Bowers, Executive Editor at DealersEdge Thursday, March 28, 2013
More informationCODE OF ETHICS/CONDUCT
CODE OF ETHICS/CONDUCT This Code of Ethics/Conduct ( Code ) covers a wide range of business practices and procedures. It does not cover every possible issue that may arise, but rather provides information
More informationHAS THE EMPLOYEE WORKED FOR THE EMPLOYER PREVIOUSLY?
Revised October 23, 2017 A-3 AND G-5 EMPLOYMENT CONTRACT TEMPLATE EMPLOYERS of A-3 and G-5 domestic workers in the United States may wish to use the employment contract template developed by the Department
More informationJetBlue Business Partner Code of Conduct
JetBlue Business Partner Code of Conduct JetBlue s foundation is built on our Values Safety, Caring, Integrity, Passion and Fun. We use our Values to guide our actions, distinguish us from our competitors,
More informationNOTICE OF HIRE EMPLOYMENT STATUS AND ACKNOWLEDGEMENT OF WAGE RATE(S)
NOTICE OF HIRE EMPLOYMENT STATUS AND ACKNOWLEDGEMENT OF WAGE RATE(S) Notice of Hire (Check only one) At Hire Current Employee Annual Current Date Before a change in pay rate(s) or payday Effective Date:
More informationH 7427 SUBSTITUTE A ======== LC004265/SUB A ======== S T A T E O F R H O D E I S L A N D
01 -- H SUBSTITUTE A LC00/SUB A S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES Introduced By:
More informationPROPOSED AMENDMENTS TO SENATE BILL 828
SB - (LC ) // (GES/ps) Requested by SENATE COMMITTEE ON WORKFORCE PROPOSED AMENDMENTS TO SENATE BILL 1 On page 1 of the printed bill, delete lines through and delete pages through and insert: SECTION 1.
More informationFAIR PAY. We got this SENSE ON A DOLLAR: PAY EQUITY TRENDS AND STRATEGIES FOR COMPLIANCE AUGUST 27, 2018
We got this FAIR PAY SENSE ON A DOLLAR: PAY EQUITY TRENDS AND STRATEGIES FOR COMPLIANCE AUGUST 27, 2018 Today s Presenter Holly Lake, Partner, Miller Law Group Holly is a skilled employment litigator who
More information2016 CICBN WAGE AND HOUR ISSUES. Becky S. Knutson Davis Brown Law Firm
2016 CICBN WAGE AND HOUR ISSUES Becky S. Knutson Davis Brown Law Firm STATUTORY BACKGROUND Fair Labor Standards Act federal law Enacted in 1938 revisions in 1958, 1961, 1963, 1967, 1970, 1973, 1975, and
More informationHUMAN RESOURCES CONSIDERATIONS. November 20, 2008
HUMAN RESOURCES CONSIDERATIONS November 20, 2008 Preliminary Note The topics covered today are generally addressed in Entrepreneurship: How to Start and Operate a Small Business, published by the National
More informationVerisk Analytics, Inc. Code of Business Conduct and Ethics As Amended June 5, 2018
Verisk Analytics, Inc. Code of Business Conduct and Ethics As Amended June 5, 2018 1. Introduction This Code of Business Conduct and Ethics ( Code ) has been adopted by our Board of Directors and summarizes
More information2014 Brigham Young University Idaho Brigham Young University Idaho
2014 Brigham Young University Idaho 1 2008 Brigham Young University Idaho FAIR LABOR STANDARDS ACT Exemptions and Policy 2014 Brigham Young University Idaho 2 Overview Northwestern University Football
More informationHUGO BOSS Social Standards
- 1 - HUGO BOSS Social Standards 1. Introduction The Social Standards specify the fundamental rights for the employees of HUGO BOSS suppliers and contain basic environmental standards. The Social Standards
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2012, 2013, 2014 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR MARYLAND. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationDEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW
DEPARTMENT OF LABOR S NEW OVERTIME RULES: WHAT CHARTER SCHOOLS NEED TO KNOW Presented to: Thursday, September 29, 2016 Today s Presenters 2 Paul Holtzman, Esq. Partner Krokidas & Bluestein LLP Providing
More informationEEO regulatory and Reporting
EEO regulatory Compliance and Reporting 800-556-3009 www.careertrack.com DISCLAIMER: The principles and suggestions in this handout and the EEO REGULATORY COMPLIANCE AND REPORTING webinar are presented
More informationSix strategies for limiting your exposure to class action lawsuits
FLSA Class Actions Six strategies for limiting your exposure to class action lawsuits 5 Lawrence Peikes and Gregory A. Brown Largely because of its class action feature, the Fair Labor Standards Act (FLSA)
More informationHR for Municipalities Iowa Municipal Finance Officers Association
HR for Municipalities Iowa Municipal Finance Officers Association April 19, 2018 Recruiting The way we always have done it -no longer practical Think outside the box Evaluate the perception of solid waste
More informationModel Code of Conduct and Sweatfree Procurement Policy 1
A Network for Local Action Against Sweatshops www.sweatfree.org Model Code of Conduct and Sweatfree Procurement Policy 1 I. Purpose The finds that: A. The spends in public funds on garments, uniforms,
More informationMENU RESTAURANT INDUSTRY PRACTICE FORDHARRISON LLP
FORDHARRISON LLP RESTAURANT INDUSTRY PRACTICE LABOR EMPLOYMENT FordHarrison s Restaurant Industry Practice Group is comprised of attorneys with extensive knowledge and experience working with restaurant
More informationFLSA: Exemption Test Questionnaire
FLSA: Exemption Test Questionnaire Incumbent s Current Job Title: Incumbent Salary: Incumbent Name: Department: Supervisor s Name: Supervisor s Title: Date Completed: Completed by: Pay Band: Please note
More informationNew Overtime Regulations and Common Wage and Hour Challenges
and Common Wage and Hour Challenges MOLLY CHERRY* OCTOBER 18, 2016 *Certified Labor and Employment Law Specialists OVERVIEW New Overtime Rule and Current Exemptions Options for Complying with Overtime
More informationCITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy
CITY OF NEW LONDON Fair Labor Standards Act (FLSA) Overtime Compensation Policy Issue Date: Revision Update(s): January 13, 2009 September 10, 2013 Policy Source: Cities and Villages Mutual Insurance Company
More informationNEW YORK WAGE THEFT PREVENTION ACT
NEW YORK WAGE THEFT PREVENTION ACT NJCCA September 21, 2012 Christopher J. Joyce, Esq., General Counsel, Aveta, Inc. Andrew M. Moskowitz, Esq., Pashman Stein Maxiel L. Gomez, Esq., Pashman Stein INTRODUCTION
More informationThis and all documents downloaded from our website are Copyright 2005, 2006, 2007, 2008, 2009, 2010, 2013 Agent 77, Inc.
Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR TEXAS. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable,
More informationSTANDARD POLICY & PROCEDURE SP&P 382 Supplier Code of Conduct
Page 1 of 8 a STANDARD POLICY & PROCEDURE SP&P 382 Supplier Code of Conduct 1. Our Commitment (Policy Summary) IPG understands that suppliers are independent entities, but the business practices and actions
More informationEmployment Law Update for Nonprofits
Employment Law Update for Nonprofits Presented By: James F. Olney, J.D. Senior HR Consultant, Associated Financial Group Suzette Frith Chief Operating Officer, TSE, Inc. Employment Laws in the Workplace
More informationWhy are employee handbooks important? Does your company really need one? We think so.
DOES MY COMPANY NEED AN EMPLOYEE HANDBOOK? WHY THE SMARTEST LEADERS SAY YES Why are employee handbooks important? Does your company really need one? We think so. Here are five reasons why a well-drafted
More informationWAGE AND HOUR UPDATE
WAGE AND HOUR UPDATE The Coming Storm Solutions at Work Andrew X. Froman Matthew D. Westerman August 25, 2015 Our Agenda Why the FLSA Matters FLSA Basics Overview of White Collar Exemptions Proposed Changes
More informationFEDERAL WAGE AND LABOR LAW INSTITUTE
FAIOENLRA V 6.0 FEDERAL WAGE AND LABOR LAW INSTITUTE WORKER RIGHTS UNDER EXECUTIVE ORDER 13706 PAID SICK LEAVE FOR FEDERAL CONTRACTORS ONE HOUR OF PAID SICK LEAVE FOR EVERY 30 HOURS WORKED, UP TO 56 HOURS
More informationApplication for Employment
Application for Employment Equal access to programs, services and employment is available to all persons. Those applicants requiring reasonable accommodation to the application and/or interview process
More informationEmployee Handbooks: What s In, What s Out, and What s New
2014 Employment and Labor Law Seminar Employee Handbooks: What s In, What s Out, and What s New October 29, 2014 Presented by: Meghann F. Kantke Pamela J. Kovacs These materials are provided for general
More informationBACKGROUND & REFERENCE CHECKS City of New London
BACKGROUND & REFERENCE CHECKS City of New London Issue Date: June 15, 2011 Revised: Source: Cities and Villages Mutual Insurance Company Wisconsin Department of Justice Wisconsin Administrative Code REFERENCE:
More informationTHE OREGON FAIR WORK WEEK ACT
THE OREGON FAIR WORK WEEK ACT Noah Scott Warman McKanna Bishop Joffe LLP 1635 NW Johnson Street Portland, Oregon 97209 503-821-0959 phone 503-226-6121 fax nwarman@mbjlaw.com WHY SB 828? Failure of federal
More informationPAID SICK LEAVE FOR ALL EMPLOYEES
PAID SICK LEAVE FOR ALL EMPLOYEES CLASSIFIED EDUCATION LEADERS INSTITUTE FEBRUARY 26, 2016 RONALD D. WENKART, GENERAL COUNSEL ORANGE COUNTY DEPARTMENT OF EDUCATION ASSEMBLY BILL 1522 On September 10, 2014
More informationCorporate Governance: Sarbanes-Oxley Code of Ethics
Corporate Governance: Sarbanes-Oxley Code of Ethics Latest Update: December 14, 2016 CODE OF BUSINESS CONDUCT AND ETHICS TABLE OF CONTENTS Introduction 1 Purpose of the Code 1 Conflicts of Interest 2 Corporate
More information