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What You Need to Know About the DOL’s Proposed Changes to the FLSA Exemption Test Posted on: July 02, 2019 In: Labor & Employment
On March 7, 2019, the U.S. Department of Labor announced a new rule that will make millions of workers eligible for overtime under the Fair Labor Standards Act (FLSA). This is not a final rule yet, although it is expected to go into effect in late 2019 or early 2020.
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Tags:
flsa, exemption test, compensation, exempt employee
5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & Employment
Wage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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Tags:
california, payroll, wages, compliance, overtime
Colorado’s Equal Pay for Equal Work Act: What Employers Need to Know Before 2021 Posted on: June 18, 2019 In: Labor & Employment
On Wednesday, May 23, 2019, Colorado Governor Jared Polis signed into law Senate Bill 19 085 (also known as the Colorado Equal Pay for Equal Work Act), which imposes new, stringent obligations on Colorado employers as to hiring practices, promotion procedures, and record-keeping requirements. Importantly, this new law becomes effective on January 1, 2021.
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Tags:
colorado, equal pay, compensation, hiring, employment law
In Colorado, Employers May Assert Concurrent Claims for Civil Theft & Breach of Contract Against Employees Posted on: June 13, 2019 In: Labor & Employment
The Colorado Supreme Court recently resolved a philosophical split within the lower courts as to whether claimants are barred from pursuing both civil theft and breach of contract claims in the same litigation, and answered in the negative. The ruling has broad implication across the spectrum of employment litigation throughout the state.
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Tags:
colorado, economic loss rule, civil theft, breach of contract, trade secrets, employers
A Human Resources Challenge – The Insider Threat To Data Assets Posted on: June 10, 2019 In: Labor & Employment
On April 23, 2019, a privacy notification by the FBI stated that U.S. businesses are reporting a significantly increased amount of data loss as a result of insider threat actors. Companies should not assume that this warning falls squarely within the domain of their Information Technology or Chief Information Security Departments. The vast majority of data-loss incidents have a human component, so what can HR departments contribute to minimize the “Insider Threat”?
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Tags:
human resources, information technology, information security, insider threat, hacking, data security
Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2 Posted on: June 06, 2019 In: Labor & Employment
What Constitutes a “Plan Asset” and How Do Employers Allocate and Distribute a Premium Rebate When the Employees’ Contribution to the Group Health Plan is Treated as a Plan Asset? The premium rebate an employer receives from their health insurance provider may be considered a “plan asset.” Under, and subject to, the Employee Retirement Income Security Act (ERISA), if the rebate is considered a “plan asset,” then it must be used within three months of when it is received by the plan sponsor.
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Tags:
affordable care act, medical loss ratio, health insurance, premium rebate, cobra
Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2 Posted on: June 05, 2019 In: Labor & Employment
What Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA).
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Tags:
affordable care act, medical loss ratio, health insurance, premium rebate, california
Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & Employment
Overtime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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Tags:
overtime, california, compensation, california supreme court, rate of pay
Non-Competition Agreements – Bracing Yourself Against the Winds of Change Posted on: May 23, 2019 In: Labor & Employment
As noted in our May 10 client alert, Washington has now joined several other states (Idaho, Utah, Massachusetts, Nevada, Oregon, New Mexico, and Illinois) that have recently amended their non-compete statutes to provide more protections for employees. The Washington statute is instructive for employers because, in addition to a new wage threshold, it contains several of the restrictions or limitations that are trending in proposed legislation across the country.
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Tags:
non-competition, non-disclosure, non-solicitation, employment agreements, washington
Non-Competition Agreements, Part 2: Making It Hard to Say Goodbye Posted on: May 14, 2019 In: Labor & Employment
Like any relationship, a separation between an employer and employee can be difficult. It can be even worse if one party is surprised by the separation. Non-competition agreements are an important tool for employers to help mitigate the difficulties of employment separation, especially when it is the employee doing the leaving. Here are three tips for employers using or thinking about using non-competition agreements/
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Tags:
non-competition, employment agreements, offer of employment, retention
3 Tips to Help Your Business Acclimate to the New Landscape of Legal Marijuana Posted on: May 09, 2019 In: Labor & Employment
Amazing though it may seem, we are living in the brave new world of legalized marijuana, a development that just a few years ago was likely unthinkable to the average employer. In 2019, ten states and Washington, D.C. have legalized recreational marijuana for adults over 21, while 33 states have legalized medical marijuana. More states, such as Illinois, are expected to legalize recreational marijuana soon. Employers must acclimate to the rapidly-changing drug landscape. Here are three helpful tips to get
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Tags:
marijuana, medical marijuana, drug policy, reasonable accommodation policy, zero tolerance
Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
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Tags:
bring your own device, flsa, trade secrets, overtime, smartphones

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