Got Exempt Employees? Here’s What The Helix Decision Means For You
As has been widely publicized, the U.S. Supreme Court announced in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, that a former employee was entitled to overtime pay under the Fair Labor Standards Act (“FLSA”), despite working as a manager and earning over $200,000 annually
Continue Reading →California Gig-Company Workers to Remain Independent Contractors
Earlier this week, in a win for gig economy companies, a California appeals court ruled Uber, Lyft, and similar app-based ride-hailing and delivery companies can continue to classify their California drivers as independent contractors pursuant to Proposition 22. In 2020, California su
Continue Reading →Attention California Employers! New Guidance for Complying with Expanded Pay Data Reporting Requirements
March 07, 2023
Effective this year, Senate Bill 1162 significantly expanded the employer pay data reporting requirements of California Government Code section 12999. The California Civil Rights Department (CRD) recently released guidance to help employers comply with the new requirements by the upc
Continue Reading →NLRB Attempts to Restrict Releases – Should You Be Worried?
The National Labor Relations Board issued a decision on Tuesday, February 21, effectively wiping out several Trump-era rulings allowing employers to include confidentiality and non-disparagement provisions in severance agreements. The current Board now takes the stance that it is an u
Continue Reading →“I Didn’t Do It.” New Arizona Law Allows Applicants to Conceal their Criminal Record
February 22, 2023
The Arizona legislature recently passed a law that will allow job seekers to hide certain crimes from potential employers. Under A.R.S. § 13-911, Arizona residents who are arrested, convicted, or sentenced on or after December 31, 2022 may petition the court to have their criminal rec
Continue Reading →Paid Military Leave? Maybe.
February 16, 2023
In a “matter of first impression,” the Ninth Circuit Court of Appeals recently held in Clarkson v. Alaska Airlines, Inc. (No. 21-35473, Feb. 1, 2023) that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to pay servicemembers while on militar
Continue Reading →Join Us for The Arizona SHRM Employment Law and Legislative Conference, February 17, 2023
David Barton on - Leave Abuse: How to Manage Employee Attendance While Complying with a Growing Number of Protected Absences Arizona, like many other states, protects employees who take Paid Sick Leave. But did you know that jury duty and voting time are also protected? And let’s not
Continue Reading →Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act
January 26, 2023
On December 29, 2022, President Biden signed the Consolidated Appropriation Act, 2023, into law. In addition to providing $1.7 trillion in funding for the U.S. federal government for the 2023 fiscal year, the Act also adopted two acts implementing certain workplace rights and protecti
Continue Reading →Federal Trade Commission Proposes Nationwide Ban on Non-Compete Agreements
January 12, 2023
Agreements that prevent former employees from working for a competing business or operating their own competing business may soon be unlawful in the entire United States. At present, roughly one in five American workers are bound by a non-compete agreement, but on January 5, 2023, the
Continue Reading →DOL Releases Proposed Rule on Worker Classification
October 13, 2022
On October 11, 2022, the Department of Labor (“DOL”) released a proposed rule concerning worker classification under the Fair Labor Standards Act (“FLSA”). For more than 80 years, both the DOL and courts applied a totality-of-the-circumstances “economic reality test” to determine whet
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