Polsinelli At Work
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Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. Polsinelli at Work is a blog designed to help employers navigate the complexity and sensitivity of employee relations and workplace issues. Our blog focuses on topics ranging from workforce development and compliance to employment litigation, disputes and class actions..
Polsinelli At Work
2w ago
By: Harry Jones and Shivani Bailey
Most American employers run payroll twelve or twenty-four times across a calendar year.
In some countries, there is a “thirteenth month” to think about. In those jurisdictions, employers, customarily or by law, cut one more check (considered “thirteenth month” pay) as regular or bonus pay. In other places, salaries must be paid out across thirteen months, rather than twelve.
As more workforces cross borders, these distinctions are difficult and yet vital to understand.
These are the hotspots in the world for thirteenth month pay:
Latin America:
Mandatory thi ..read more
Polsinelli At Work
3w ago
By: Erin Schilling and Stephanie Wolters
On Tuesday, April 30, 2024, the Equal Employment Opportunity Commission (EEOC) will open the 2023 EEO-1 Component 1 Report for employers to report the race, ethnicity and gender of their employees. The EEO-1 reporting period is scheduled to remain open until Tuesday, June 4, 2024.
This reporting is mandatory for private sector employees with 100 or more employees and certain federal contractors with 50 or more employees. In addition, employers with less than 100 employees who are related to other entities, such that combined, there are over ..read more
Polsinelli At Work
1M ago
By: Clayton Nedza
In a groundbreaking decision, the U.S. Supreme Court unanimously ruled today in favor of whistleblower Trevor Murray, dispelling the notion that whistleblowers must prove retaliatory intent to be protected under federal law prohibiting retaliation in the corporate finance space.
The case centered around Murray, a former UBS employee, who fought to reinstate a $900,000 jury verdict he secured in 2017 after being fired for resisting pressure to alter his research on commercial mortgage-backed securities, in violation of the Sarbanes-Oxley Act (SOX). SOX regulates corporate fin ..read more
Polsinelli At Work
1M ago
By: Isaac Caverly
New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay frequency violations. The legislation would align with a recent New York Appellate Division case that found there was no private right of action for pay frequency claims.
New York’s weekly pay law provides that absent authorization from the Commissioner of Labor, employers must pay a “manual worker” (workers who spend 25% or more of their working time engaged ..read more
Polsinelli At Work
1M ago
Emma Schuering and Shivani Patel
As we reported last month, effective January 1, 2024, non-compete agreements in California are unenforceable regardless of where the contract is signed. This means employees who sign non-competes outside California, then move to California and seek new employment in violation of the non-compete, can rely on California law to invalidate the non-compete. Practically speaking, this creates unpredictable challenges for employers with mobile or largely remote workforces.
More importantly, AB 1076 makes it unlawful for employers to include a non-compete clause in an ..read more
Polsinelli At Work
2M ago
By: Scott Gilbert, Eric Packel, Emma Schuering and Jason Weber
On January 9, 2024, shareholders in our Restrictive Covenant and Trade Secret Practice Group conducted a webinar covering “What Employers Need to Know About Non-Competes in 2024.” A recording of that webinar is available here. Below, the team addresses some of the additional questions concerning the status of the FTC Proposed Rule, anticipated challenges to the Proposed Rule, FTC Lawsuits Against Employers for Imposing Non-Competes, Exceptions to Non-Compete Bans, Employee “Theft,” and Hiring Employees Subject to Non-Competes that ..read more
Polsinelli At Work
2M ago
By: Jack Blum
On January 12, 2024, District of Columbia Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023, which broadens D.C.’s existing pay transparency laws and requires employers in D.C. to list salary and hourly wage information in job advertisements. In imposing these new requirements, D.C. joins a nationwide trend of jurisdictions requiring that employers provide upfront pay disclosures to employees, including California, Colorado, Hawaii, New York, and Washington.
Salary Range Requirements in Job Listings
The new law applies to all businesses employing one ..read more
Polsinelli At Work
2M ago
By: Harry Jones, Shivani Patel, and Burton Peebles
Around the world and across the United States, we see so many languages spoken. People around the world communicate in thousands of different languages. Given the wide origins of workers and companies with international operations, the question arises: to what extent should employers accommodate language needs, as in translating handbooks, policies, notices, or memos? Legally, the answer is murky: states and foreign jurisdictions adopt varying approaches.
For example, in the United States, there is a varied patchwork of federal law that can a ..read more
Polsinelli At Work
2M ago
By: Robert Hingula
With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements.
On November 17, 2023, New York enacted S4516, which provides amendments to Section 5-336.
Before the amendment, Section 5-336 restricted certain terms from being included in release agreements involving claims of discrimination. However, S4516 expands that coverage to cover not only discrimination claims but also claims involving “discriminatory harassment and retaliation.”
S4516 also provides that “no release of any ..read more
Polsinelli At Work
2M ago
By: Robert Hingula
On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated since the last proposed rule by the Trump administration was struck down by the current DOL. The new rule will take effect on March 11, 2024.
The new Independent Contractor focuses on the “economic realities of the working relationship” to determine if whether the worker is economically dependent on the company for work or if the worker is in business for t ..read more