Category Archives: Labor & Employment

Three California Municipalities Enact New Minimum Wage and Paid Sick Leave Laws

The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments. San Diego On June 7, 2016, San Diego voters passed a ballot initiative containing two provisions for hourly workers. First, San Diego’s new minimum wage will be $10.50 per hour once the ballot results are confirmed, …

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EEOC Model Wellness Program Notice

On June 16th, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to employer wellness programs as of the first day of the plan year that begins on or after January 1, 2017, for the health …

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OFCCP Reduces Veteran Hiring Benchmark

On June 16th, Office of Federal Contract Compliance Programs, OFCCP, announced that, effective March 4, 2016, the annual hiring benchmark for veterans pursuant to Vietnam Era Veterans’ Readjustment Assistance Act, VEVRAA,regulation is 6.9%.  This is a slight decrease from last year’s 7.0% benchmark. As part of the release OFCCP clarified that “Contractors who adopted the previous year’s national benchmark …

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Los Angeles Employers Must Pay Higher Minimum Wages And Provide Expanded Paid Sick Leave

On July 1, 2016, employers who have more than 25 employees performing some work in the City of Los Angeles (the “City”) will need to provide higher minimum wages and six paid sick days per year. Employers with fewer workers in the City will need to expand sick leave benefits by July 1, 2016, but …

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Lehman Brothers Wins Stock Drop Lawsuit

A New York federal appeals court once again rejected a breach of fiduciary duty claim against the now bankrupt Lehman Brothers brought by its employee stock ownership plan (ESOP) participants. In In Re: Lehman Bros. Sec. and ERISA Litig., No. 15-2229 (2d Cir. 2016), the US Court of Appeals for the Second Circuit on March 18 …

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Washington, D.C. Prepares to Increase Minimum Wage to $15

— and Tipped Minimum Wage to $5.00 — by July 1, 2020 Washington, D.C. is poised to join California and New York by raising its minimum wage to $15.00 per hour. On June 7, 2016, the D.C. Council, with support of Mayor Muriel Bowser, unanimously passed on first reading the Fair Shot Minimum Wage Amendment …

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Employee Error Accounts for Most Security Breaches

A recent study by a well-known information security company captures one of the most common information security fallacies: that information security is a technology problem. Most businesses view mitigating information security risks as falling squarely in the purview of their information technology department. However, this study reports that human error actually accounted for nearly two-thirds …

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Termination For Conduct Caused By Side Effects of Prescription Medication Was Not Disability Discrimination

A federal court in Florida has upheld an employee’s termination due to her “inebriated” conduct that was caused by her use of prescription medications, holding that her discharge did not constitute disability discrimination. Caporicci v. Chipotle Mexican Grill, Inc., Case No. 8-14-cv-2131-T-36EAJ (M.D. Fla. May 27, 2016). Lisa Caporicci worked for Chipotle as a crew member and …

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Fourth Circuit Allows Casino Workers to Proceed With Putative Class and Collective Action For Unpaid Training Time at “Dealer School”

The Fourth Circuit recently decided in Harbourt v. PPE Casino Resorts Maryland, LLC that casino workers may proceed with a putative class action alleging that their unpaid attendance at a Maryland casino’s “dealer school” violated the Fair Labor Standards Act (“FLSA”) and Maryland wage laws. Background Plaintiffs alleged that the Casino advertised for dealer positions after Maryland …

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Colorado Anti-Discrimination Act: New Pregnancy Provision Taking Effect in August

On August 10, 2016, a new pregnancy provision of the Colorado Anti-Discrimination Act (“CADA”) will take effect. While the CADA had previously been interpreted as prohibiting pregnancy discrimination and requiring accommodations for pregnancy, the new provision strengthens and clarifies those protections. Indeed, the amendment will require more of employers and will make it easier for plaintiffs …

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