Stokes Wagner Law Firm
Stokes Wagner

The City of Los Angeles passed an ordinance on March 27, 2020, requiring employers with more than 500 employees to provide up to 80 hours of Supplemental Paid Sick Leave (“PSL”) to employees. This Supplemental PSL is in addition to the 48 hours of PSL already required by the City.

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The DOL has issued new guidance and clarified that employees who do not have work available to them (e.g., as a result of a furlough or business closure) will not be eligible for benefits under the Families First Coronavirus Response Act.

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With the amount of confirmed COVID-19 cases exponentially rising, the federal government has passed the “Families First Coronavirus Response Act” (FFCRA or Act) to help during the crisis. The bill, which passed with broad bipartisan support, includes a division providing for emergency paid sick leave.

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In the wake of business slowdowns and shutdowns as a result of the COVID-19 pandemic, many employers face a dilemma when forced to furlough or layoff workers. The Federal and California WARN Acts require 60 days’ notice before laying off employees, subject to certain thresholds. This presents an untenable situation for employers forced to shut down, where they are essentially forced to violate the notice requirement because they cannot continue employing people.

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On October 8, 2019, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) entitled “Tip Regulations Under the Fair Labor Standards Act.” The NPRM seeks to implement and refine the changes on tip pooling made by the Consolidated Appropriations Act (CAA) OF 2018. Most notably, it eliminates the 80/20 rule used to determine if an employer may incorporate an employee’s tips as part of their wages when the employee engages in both tipped and non-tipped duties. If adopted, the NPRM would greatly impact the hospitality industry by expanding the variety of employees who are permitted to participate in a tip pool.

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As the 2020 United States Census goes into full effect, the U.S. Census Bureau is sending letters to various hotels requesting their participation in the 2020 Census count (the “Census”). Every time, our clients have the same question: do we have to participate?

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Best Practices for Coronavirus

March 4, 2020  •  Diana Lerma

Category: Legal Updates

Coronavirus disease 2019 (COVID-19) is a respiratory disease caused by a new coronavirus, which has now been detected in almost 70 locations internationally, including in the United States.

COVID-19 has become a serious issue for all employers. Stokes Wagner has prepared the following best practices for you to consider in your business.

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The National Labor Relations Board‘s (“NLRB”) “joint employer” test has had tremendous implications for hospitality employers due to the industry’s reliance on third-party employees to supplement their workforces. The NLRB finally released the new test on February 25, 2020, and effectively replaced the previous test outlined in its 2015 Browning-Ferris Industries decision. The new rule narrows the test the NLRB will use to determine when businesses will be liable for the work of third-party employees under federal law. The new rule takes effect on April 27, 2020.

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On February 13, 2020, the California Supreme Court issued its opinion in Frlekin v. Apple, Inc., holding that the time employees spend waiting for their bags and other personal belongings to be screened at the end of a workday is compensable.

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On January 7, 2020, the U.S. Department of Labor published three new opinion letters that every employer should review. The first involves an employer’s nondiscretionary bonus payment of $3,000 given to employees who completed ten weeks of training with a promise to complete eight more weeks. In the second letter, the DOL determined that a per-project payment method satisfies the salary basis regulations for exemption under the FLSA. The third letter addressed compliance under the Family Medical Leave Act (“FMLA”).

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