Businesses Should Prepare For Predictive Scheduling Laws

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling.  In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled workday but who either are not needed (and therefore not put to work) or are furnished with less than half their usual or scheduled hours, to receive two to four hours of pay at their regular rate of pay. Work Schedule Calendar

This settlement brings to light the “predictive scheduling” trend that is occurring throughout the nation.  Historically, restaurants and retailers have used on-call scheduling to help control labor costs.  But as workers began claiming that the daily unpredictability of on-call scheduling hindered their ability to earn a living, hold more than one job, arrange reliable child care, and attend classes, this practice began to change.

Now, to combat worker uncertainty, numerous states and municipalities have begun passing these types of laws, referred to as “predictive scheduling,” “fair scheduling,” “secure scheduling,” and “fair workweek.”  For the most part, predictive scheduling laws typically require employers to provide employees (i) with their schedules two to four weeks in advance; and (ii) with predictable pay if changes to work schedules are made within this window.    Most of these laws contain exceptions to these requirements where an employer’s inability or failure to provide an employee with scheduled work results from specific causes beyond its control.

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Join Us for our July Webinar on Joint-Employer, Independent Contractor, and Temporary Worker Issues

On Tuesday July 11, 2017, Conn Maciel Carey Labor & Employment attorneys Jordan B. Schwartz and Lindsay A. DiSalvo and OSHA attorney Eric J. Conn will be presenting a free webinar discussing issues relating to Joint and Multi-Employer, Independent Contractor, and Temporary Workers from both and Employment Law and OSHA perspective.

 

Employers’ perceptions about whether a legal employment relationship has been formed is not always shared by the Dept. of Labor. Although an employer may classify workers as independent contractors or engage them as temp workers through a staffing agency, that does not mean the DOL agrees. At the tail end of the Obama Administration, the DOL was vocal about its belief that most workers should be treated as employees, so employers will be accountable for the specific obligations of an employer-employee relationship. Additionally, employers may have certain HR or OSHA obligations and potential liabilities depending on their role at multi-employer worksites or in joint employer situations. The DOL has been cracking down on employee misclassification and division of responsibility among multiple employers.

Now, under the new Trump Administration, the DOL’s and OSHA’s views of the employment relationship are shifting. It is essential for employers to stay abreast of these issues, and carefully evaluate their employment relationships and functions at multi-employer workplaces.

During this webinar, participants will learn:

  • Current criteria used to evaluate the employer-employee relationship
  • Employers’ responsibilities on multi-employer worksites
  • How to clearly establish an independent contractor relationship
  • How to lawfully and effectively manage temporary workers

The webinar begins at 1:00 pm ET.  You can register for the webinar HERE.  You can also register for Conn Maciel Carey’s entire 2017 Labor & Employment Webinar Series below:

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Federal Court in Florida Rules that a Grocery Store Must Make its Website Accessible

Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities.  Unfortunately, as we have previously explained, there are numerous reasons why there is no clear answer to this question:  Website Accessiblity

  • While Title III of the ADA prohibits discrimination against individuals on the basis of disability with regard to their participation and equal enjoyment in places of public accommodation, the statute does not explicitly define whether a place of public accommodation must be a physical place or facility;
  • These types of issues historically have arisen in brick-and-mortar buildings such as lack of accessible parking stalls, insufficient ramps, and inaccessible bathrooms;
  • No regulations on the issue of website accessibility currently exist, and the Department of Justice (“DOJ”) has pushed back the date on which it is supposed to issue such regulations until 2018 at the earliest;
  • The DOJ has emphasized that businesses should make websites accessible to disabled individuals by relying on a set of private industry standards developed by the World Wide Web Consortium known as the Web Content Accessibility Guidelines (“WCAG”);
  • Very few cases have reached a resolution on the merits.

As a result, the state of the law regarding the applicability of the ADA to company websites has been in flux the last several years.  However, we now are starting to see some guidance from the courts, although there have been contrasting decisions that have not exactly clarified matters.

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Join Us for our May Webinar on Key Marijuana Issues in the Workplace

On Wednesday May 24, 2017, Conn Maciel Carey Labor & Employment attorneys Jordan B. Schwartz and Andrew J. Sommer will be presenting a free webinar discussing recurring marijuana issues in the workplace in light of new state legislation.

medical marijuanaThe rise in medical and recreational marijuana legislation poses many interesting questions for employers.  State legislation of the lawful use of cannabis likely will require employers to change their perceptions of longstanding drug policies and practices.  Legalized medical and recreational cannabis is a reality in many states, dispensaries are open for business, and state legislation on this topic has become a hot topic throughout the country.

Challenges by medical marijuana patients and recreational marijuana users concerning their employers’ practices are sure to arise, and there are several state and federal laws that may be implicated in those lawsuits.  Employers with national operations must take into account potentially divergent laws of the states in which they operate. This webinar will provide guidance to employers so they can tread carefully and refrain from making hasty decisions that can lead to the time, expense, distraction, and potentially unflattering publicity resulting from litigation.

 

The webinar begins at 1:00 pm ET.  You can register for the webinar HERE.  You can also register for Conn Maciel Carey’s entire 2017 Labor & Employment Webinar Series below:

Register me for the entire 2017 Labor & Employment Webinar series

A New Trend — States Banning Questions Regarding Salary

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact their own legislation.   One trend that is starting to gain significant momentum is in the field of equal pay legislation. Several states and cities have already enacted legislation banning inquiries into job applicants’ salary history as part of an effort to ensure pay equity for women.   The prohibition against asking candidates for their prior salaries is akin to the passage of “ban the box” laws in nearly half the states in the country, which bar employers from requiring job applicants to disclose whether they have a criminal record on job applications.  These new laws will have a significant effect on employers operating in the applicable states and municipalities.

Last year, Massachusetts passed the nation’s first law prohibiting employers from asking job applicants for their current salaries or salary history.  mind the pay gap (002)Pro employee groups praised this law as a way to counter the pay discrimination that can follow a woman throughout her career when the salary bump she gets with each job move is based on pay that is already less than her male peers.  Many advocates for women believe that by basing future salaries on previous wages, employers are perpetuating the long-standing gender based pay gap. Indeed, some argue that the widening of the gender pay gap as women age supports the theory that employers are relying too heavily on previous salaries.  Companies and business groups, on the other hand, have expressed their views that this new law is misguided and represents yet another government-mandated intrusion into the way they conduct their businesses.  Employers further argue that these laws could have a negative impact on job growth and, in addition, there is nothing unlawful or unfair about using salary history to set pay and manage their costs.

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Join Us for a Webinar on Key Employment Law Issues for Small Businesses

On Wednesday April 19, 2017, Conn Maciel Carey Labor & Employment attorneys Kara M. Maciel, Jordan B. Schwartz and Andrew Sommer will be presenting a free webinar discussing key employment law issues for start-ups and other small businesses.

While large companies typically have human resources departments or in-house counsel to advise on the myriad of complex employment laws, start-ups and small businesses are often operating in the dark regarding these key issues.  However, as such companies grow and begin to hire more employees, compliance with local, state, and federal employment laws are paramount for survival.

This webinar will provide an overview of the most important employment laws, policies and practices that are of particular concern for small businesses and start-ups so that they can comply with proper pay practices and wage and hour law, become aware of applicable anti-discrimination laws, and learn proper procedures for hiring and firing, including offer letters, employment agreements and separation agreements.  Additionally, this webinar will cover the myriad of California specific laws that small businesses must be aware of prior to establishing a presence in that state.

The webinar begins at 1:00 pm ET.  You can register for the webinar here.  You can also register for Conn Maciel Carey’s entire 2017 Labor & Employment Webinar Series below:

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Join Us for a Webinar on the DOL’s Major Regulatory Initiatives in 2016 and 2017

On Wednesday March 22, 2017, Conn Maciel Carey Labor & Employment attorneys Jordan B. Schwartz and Daniel Deacon will be presenting a free webinar reviewing the major regulatory initiatives promulgated by the US Department of Labor (“DOL”) in 2016 and discussing what employers can expect from the DOL and other federal agencies in 2017.

As employers are undoubtedly aware, the DOL was extremely active in 2016 as President Obama’s second term came to a close.  From its attempt to more than double the threshold salary level to be classified as an exempt employee to requiring that employers provide paid sick leave for contractors, the DOL hit the employer community hard.  However, President Trump and Alexander Acosta, the nominee to be the new Secretary of Labor, will likely attempt to reign in the DOL’s significant activity as well as the activity of other Federal agencies.

This webinar will review the major regulations promulgated in 2016 and provide guidance and recommendations to ensure compliance in 2017.

The webinar begins at 1:00 pm ET.  You can register for the webinar here.  You can also register for Conn Maciel Carey’s entire 2017 Labor & Employment Webinar Series below:

Register me for the entire
2017 Labor & Employment Webinar series