New Federal Labor Court Ruling: Legal Obligation for Employers in Germany to Record Working Time

A recent decision of the German Federal Labor Court (Bundesarbeitsgericht) shows yet again that the issue of working time remains highly fraught for German employers. Following a 2019 ruling of the European Court of Justice (ECJ) setting forth an obligation on the part of European Union employers to establish objective, reliable, and accessible systems for recording their employees’ daily working time, the subject of working time became a widely discussed topic throughout Germany. The Federal Labor Court effectively put an end to such discussions with its decision of September 13, 2022.

Stabilizing Employment Through State Unemployment Workshare Programs

Employers may be able to alleviate some of the stress and burden associated with economic downturns by working with state unemployment agencies and using workshare programs. Workshare programs allow employers to enter into agreements with state unemployment agencies to reduce employee hours without laying off employees or disqualifying them from state unemployment compensation benefits to supplement their reduced wages.

California Governor Marks Labor Day 2022 by Signing FAST Recovery Act Into Law

On September 5, 2022, California Governor Gavin Newsom marked Labor Day 2022 by signing Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), into law. The new law creates the Fast Food Council within the California Department of Industrial Relations, which is tasked with setting minimum standards for fast-food industry workers related to wages, health and safety conditions, security in the workplace, the time off from work for protected purposes, and protections from discrimination and harassment.

On-Demand Pay: Employees Love It, But Tax Implications Linger

Research suggests that more than 60 percent of U.S. workers would like to be able to access their earnings before their regularly scheduled paydays. Responding to this desire, many employers and their payroll providers now offer so-called on-demand pay arrangements that allow employees to receive their wages the same day they earn it. While on-demand pay may be a valuable recruiting and retention tool for employers, the immediate availability of wages carries with it certain tax implications for employers that may not easily be avoided without updates to the tax laws and regulations.

California Bill Aimed at Providing Increased Rights to Fast-Food Workers Sent to Governor for Signature

On August 29, 2022, the California Legislature passed a heavily amended version of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would provide increased rights to California’s more than 500,000 fast-food workers. The bill is now headed to Governor Gavin Newsom’s desk.

District of Columbia’s Tipped Wage Workers Fairness Amendment Act: Mandatory Training and Notice Requirements Take Effect

In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped employees, such as mandatory sexual harassment prevention training and notice requirements. Certain aspects of the TWWF are only now being implemented.

 

2022 Changes to Michigan’s Paid Medical Leave: ‘Back to the Future’? Well, Not So Fast!

Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.

Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test

In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were independent contractors (and not employees) under the ABC test for determining employment status, and, therefore, ineligible for unemployment benefits.

2022 Changes to Michigan’s Paid Medical Leave: Back to the Future

On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion immediately increases Michigan’s minimum wage rate to $12 per hour and significantly expands the paid sick leave employers must provide to eligible employees.

Multi-Jurisdictional Compliance: 3 FAQs on State Wage and Hour

Compliance with state wage and hour laws is on the forefront of the mind of just about every employer, particularly as employees are looking for more flexibility in their work schedules since the pandemic. Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, revealed that state wage and hour laws are the second most challenging area of multi-jurisdictional compliance.

Seattle Enacts First-of-Its-Kind Ordinance to Provide Minimum Wage and Other Protections for App-Based Delivery Workers

On June 13, 2022, Seattle Mayor Bruce Harrell signed into law CB 120294, a measure intended to ensure app-based delivery drivers are paid a minimum wage plus tips and compensation for expenses, increase transparency related to offers for work, and preserve worker flexibility. The App-Based Worker Minimum Payment Ordinance is part of a collection of six legislative proposals known as “PayUp,” and it is the first in the policy package to pass.

Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions

On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor Standards Act (FLSA) collective actions when their claims are not connected to the defendant’s activities in the forum state.