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Like a Phoenix, the Ninth Circuit’s Salary Consideration Standard Rises from the Ashes
March 7, 2019
Category: Legal Updates
Pay equity has taken center stage among the wide array of workplace issues receiving news coverage and public prominence in recent years. Companies and courts alike are trying to determine how to ensure that men and women are paid fairly in connection with their work and experience. The question of how to address pay equity has created such clamor and divergence that the United States Supreme Court decided to review the Ninth Circuit’s interpretation of the law in Fresno County Superintendent of Schools v. Rizo, Case No. 18-272. However, in a shocking twist, the Supreme Court vacated the underlying case from the Ninth Circuit Court of Appeal on February 25, 2019, in light of the death of Ninth Circuit Justice Stephen Reinhardt.
DOL Raises FLSA Overtime Exemption for White Collar Workers
March 7, 2019 • Adam L. Parry
Category: Legal Updates
More employees will now be considered non-exempt, as the U.S. Department of Labor raised the minimum salary threshold for workers to qualify for the Fair Labor Standards Act’s “white collar” exemption. In replacing an Obama administration rule, the new proposal would raise the salary threshold requirement from $23,660 to $35,308 per year. As a result, more employees will be subject to compensation for any time exceeding 40 hours in the workweek.
Federal Court of Appeals Clarifies Background Check Disclosure Requirements for Employers
March 4, 2019 • Adam L. Parry, Christina Tantoy
Category: Legal Updates
Does your company still perform background checks on employees? If you answered yes, then the Ninth Circuit’s recent ruling on background check disclosures applies and you should review your company’s background check disclosures immediately.
Password Protected: Shielding Hotels from Digital Security Threats
February 21, 2019
Category: Legal Updates
Security has become a paramount concern for hotels across the globe. While the hospitality industry has historically prioritized efforts to safeguard properties from physical threats of violence, digital security threats are on a meteoric rise. Most notably, hackers have devised ways to infiltrate hotels’ online security measures. A common tactic used by hackers involves the use of ransomware, a type of malicious software that prevents system access unless a sum of money is paid to the culprits. A very infamous example took place in the Austrian Alps at the four-star Seehotel. Between December 2016 and January 2017, Seehotel’s electronic door locks and other internal systems were held for ransom on four separate occasions. Guests were unable to use their hotel door keys until Seehotel’s managing director paid the digital attackers.
Due to a recent California Court of Appeal ruling, employers must now pay employees “reporting time pay” when employees are required to call their worksite two (2) hours prior to a scheduled on-call shift and must report to work for that shift if the employer requests. In Ward v. Tilly’s, Inc., the Court made clear that this ruling applies prospectively and not retroactively.
NLRB Rolls Back Limitations on Independent Contractor Classification
February 6, 2019 • Adam L. Parry, Christina Tantoy
Category: Legal Updates
The National Labor Relations Board’s recent ruling in SuperShuttle DFW, Inc. returns to a longstanding standard in evaluating proper independent contractor classification. Although its scope is limited, the recent ruling eases restrictions on proper independent contractor classification for purposes of unionization rights under the NLRA, specifically where the workers’ role involves “entrepreneurial opportunity.”
HotelExecutive.com: U.S. Department of Labor Changes Rule for Tipped and Non Tipped Work
February 3, 2019 • John R. Hunt
Category: Publications
On HotelExecutive.com, be sure to check out John Hunt’s article covering the US Department of Labor’s rule regarding tipped and non-tipped work. John Hunt is always ready to get you answers, so contact Stokes Wagner with any questions you might have!
We are proud to announce the release of our 2018-2019 Employment Law Recap, which may be found here.
Our newsletter summarizes key developments in the employment law arena on a quarterly basis, with a focus on how these developments may impact the hospitality industry and your operations. As you may have noticed, the legal landscape changes on a far more frequent basis than four times a year. So, when a particularly significant development occurs, we immediately publish a “Legal Alert” and make it available to each of our clients and subscribers. If you would like to stay abreast of legal developments in real-time and receive our legal updates in a more timely fashion, we invite you to follow us on Instagram @stokeswagner.
Should Employees Be Paid for Their Time Spent in Company-Provided Vehicles?
November 29, 2018 • Christina Tantoy
Category: Legal Updates
As employer-provided rideshares and shuttles grow in popularity, employers often ask whether their employees should be paid for their time spent on company-provided transportation. A California appellate court recently affirmed a long-standing rule that, so long as the employer-provided shuttle is optional, the time spent on a company-provided vehicle does not count as “hours worked” and is not compensable.
Protect Victims, Protect Your Business: Compliance with SB 970
November 1, 2018 • Christina Tantoy
Category: Legal Updates
Senate Bill 970, signed into law by Governor Jerry Brown on September 27, 2018, will require employers in the hotel and/or motel industry to educate their employees on human trafficking awareness.