Tuesday, March 29, 2016

8 Points for New UK Employment Law Shifts

Beginning next month, there are a number of employment legislation changes coming into effect. For details read:

Tuesday, February 2, 2016

USDOL 2016 Updates/Changes

USDOL prepped for 2016 and will be rolling out some changes including:

Changes to Federal Overtime Exemptions

The USDOL intends to modify wage and hour regulations under the federal Fair Labor Standards Act (FLSA). The amendments will double the salary ($23,660 to $50,000 per year) for certain “exemptions” from federal overtime requirements.

Secondly, USDOL intends to clamp down on misclassification of employees as independent contractors.

Monday, January 25, 2016

TOp 5 2016 January Employment Law topics USA

Check it out here:


Wednesday, January 7, 2015

New Employment Laws in 2015

Familiarize yourself with new employment laws taking effect in 2015 across the United States. For a listing of recent updates in state employment laws, visit http://www.esrcheck.com/wordpress/tag/state-laws/.

Friday, January 2, 2015

New Employment Laws in California 2015

Here are some key changes that went into effect in 2014 and are slated for 2015.  This is not a comprehensive list but some highlights.
Changes To California Wage and Hour Law
Minimum Wage Increase to $9.00/Hour (AB 10)
Effective July 1, 2014, the California minimum wage is $9.00 per hour.  It will increase to $10.00 per hour on January 1, 2016.  
Liquidated Damages for Minimum Wage Violations (AB 442)

Employer Liability for Labor Contractors’ Wage and Hour Violations (AB 1897)
Protections for Domestic Workers (AB 241)

Penalties for Failure to Provide “Recovery Periods” (SB 435)

Mandatory Paid Sick Leave – Healthy Workplaces, Healthy Families Act of 2014 (AB 1522)
Effective July 1, 2015, millions of California employees will be entitled to paid sick leave.  The law applies to employers of all size, and to employees who work 30 or more days in California within a year of the commencement of employment.  
Limitation On Criminal History Inquiries (SB 530)
SB 530 prohibits employer inquiries and reliance on criminal convictions that have been judicially dismissed or ordered sealed.  
Additional Leaves of Absence Requirements (SB 288, SB 400, and AB 11)

New Protected Categories Under the Fair Employment and Housing Act; Expanded Definition of Harassment (AB 556, AB 1443 and SB 292)

Expanded Definition of National Origin (AB 1660)

Additional Immigration-Related Protections (AB 262, AB 524, and SB 666).
AB 263 prohibits certain “unfair immigration-related practices” based on an employee’s assertion of rights under the Labor Code or applicable local ordinance.  
Whistleblower Protection for Employees Who Report Violations of Local Rules or Regulations (AB 496)
California common law protect employees who report alleged violations of federal or state law or regulations.  SB 496 expands protections in Labor Code section 1102.5.

Monday, January 13, 2014

Monday, February 25, 2013

Litigating Wrongful Dismissals

Employers generally can dismiss employees with or without cause.

If you are dismissed without cause then in many jurisdictions the employer must provide 'reasonable notice' prior to your departure. It is this grey area that drives many cases of employment litigation.

It is previous case-law that determines what is the ‘reasonable notice’ period that employers need to provide in any given situation. There are Statutory requirements in terms of what a ‘reasonable notice’ period has to be at a minimum but often the common law notice periods are substantially longer.

Often the biggest issue is the cost of litigating a ‘wrongful dismissal’. The wrongfully dismissed employee (which includes the employee who did not receive a sufficient ‘notice’ period (or pay instead of the ‘notice’) has a duty to try to find alternate employment. If alternate employment is available, this can significantly reduce (if not eliminate) whatever ‘damages’ the employee would have suffered.

Provided by the law firm of Taylor Conway specializing in real estate and injury law.