Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules (OAR) 839-020-0050(2) when an hourly employee takes less than the entire duty-free, 30-minute lunch break to which the employee is otherwise entitled, regardless of the circumstances.

FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act (FMLA). The decision illustrates the practical significance of documenting performance issues and termination decisions as soon as possible.

Supreme Court Hears Oral Argument on Ending DACA

On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era program that provides work authorization and protection from deportation to young undocumented immigrants who were brought to the United States as children. The roughly 80-minute session focused on two primary questions: whether the Court had the authority to review DHS’s decision to end DACA and, if so, whether the decision was legal.

Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics

On September 30, 2019, Governor Gavin Newsom signed California legislation—Senate Bill (SB) 206—that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names, images, and likenesses while still in school. Governor Newsom signed the Fair Pay to Play Act, which Senator Nancy Skinner (D-Berkeley) and Senator Steven Bradford (D-Gardena) sponsored, with much fanfare, alongside a high-profile professional basketball player and several former college student athletes. The new law is scheduled to take effect in January 2023.

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent schedules that result in workweeks with varying hours of work.

Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?” On September 5, 2019, the court answered with a resounding no.

EU-U.S. Privacy Shield: EU Commission Confirms Adequacy but Highlights Room for Improvement

On October 23, 2019, the European Commission published its report after its third annual review on the functioning of the EU-U.S. Privacy Shield. The Privacy Shield, which became operational in August 2016, details procedures and safeguards for transatlantic data transfers from the European Union (EU) to the United States.

False Alarm? The Practical Impact of AB 51, California’s New Anti-Arbitration Statute

On October 10, 2019, California Governor Gavin Newsom signed into law a state statute purporting to prohibit employers from requiring employees to enter into certain types of arbitration agreements. This new law is creating significant uncertainty and anxiety among employers. What is the practical impact of AB 51 in light of its possible preemption by the Federal Arbitration Act (FAA) and other potential challenges to its limits on arbitration?

NLRB Takes Commonsense Approach on Work Rule Enforcement

In a recent decision, a majority of the National Labor Relations Board (NLRB) overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in The Boeing Company, 365 NLRB No. 154 (2017), for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA.

Public Charge Rule Update: Making Sense of All the Moving Pieces

The Trump administration’s public charge rule is on hold, at least temporarily. The Department of Homeland Security (DHS) and the Department of State each introduced a version of the rule. Both versions were scheduled for implementation on October 15, 2019, and would have established expansive new tests to be used by those agencies when determining if certain visa applicants were likely to become public charges—a determination that would generally make them inadmissible to the United States.

Massachusetts Paid Family and Medical Leave Update: Private Plan Exemptions and Reminders on Notice Compliance

The Department of Paid Family and Medical Leave (DFML) continues to issue updates concerning compliance with the Massachusetts Paid Family and Medical Leave Law (PFML). The DFML’s most recent updates address private plan exemptions and how the DFML has reevaluated and revised its internal review process to more efficiently evaluate these applications.

The Year 2020 Will Begin With an Increase to Florida’s Minimum Wage

The Florida Minimum Wage Act, which applies to all employees in Florida covered by the federal minimum wage, requires the state’s Department of Economic Opportunity to calculate a new minimum wage rate each year on September 30. The wage rate is based on the percentage increase in the federal Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1. Florida’s minimum wage is currently $8.46 per hour. According to state government officials, beginning January 1, 2020, Florida’s minimum wage is scheduled to rise to $8.56 per hour, which is a $0.10, or 1.12 percent increase, due to the change in the CPI.

California Court of Appeal Clarifies Meal and Rest Period Premium Calculation and the Enforceability of Rounding Policies

California employers have long grappled with two wage and hour questions:

  1. What rate of pay should be used to calculate meal and rest period premiums in California?
  2. Does the facially neutral “rounding” of employee work time, which results in a small subset of employees being undercompensated, result in systematic undercompensation on a class-wide basis?