Fourth Circuit – ManagEase

November Updates

November 7, 2018/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

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(888) 378-2456

This Short List addresses the following topics:

Fourth Circuit: Back Pay Damages are Mandatory Under the ADEA
California: Federal Department of Transportation Rules Preempts California Meal and Rest Period Requirements
California: Announces Minimum Wage Rates for Certain Overtime Exemptions
California: Cal/OSHA Revised Exposure for Citations and Issued Emergency Reporting Requirements
California: PAGA May Not Apply to Construction Industry Employees Subject to Collective Bargaining Agreements
New Jersey: Updates to Statewide Paid Sick Leave
New York: Human Trafficking Informational Cards Required in Hotels
New York: State Attorney General Releases FAQ on Non-Compete Agreements
New York: Sexual Harassment Training Deadline Extended
New York, NY: Revised FAQ for Paid Sick Leave Rules
Pennsylvania: Illegal Sex Discrimination Interpreted to Include LGBT+ Components

Fourth Circuit: FLSA Lodging Credit Still Applies to Hours-Worked Agreements

March 7, 2018/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers of MD, NC, SC, VA, and WV Employees

EFFECTIVE

January 25, 2018

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(888) 378-2456

The FLSA requires employees to be paid for all hours worked, and permits employers and employees to agree on the number of hours worked when the employee lives on the employer’s premises, provided that the FLSA’s wage and hour requirements are followed (e.g., minimum wage, overtime paid, etc.). In Balbed v. Eden Park Guest House, LLC, the Fourth Circuit Court of Appeal stated that even when an employer and employee enter into a reasonable agreement of hours worked, the FLSA’s requirements for calculating the lodging credit are still enforceable.

Fourth Circuit: Unique Six Factor Test to Determine Joint Employer Status

March 6, 2017/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with MD, NC, SC, VA and WV Employees

EFFECTIVE

January 25, 2017

QUESTIONS?

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(888) 378-2456

In Salinas v. Commercial Interiors Inc., the Fourth Circuit Court of Appeals recently established a unique six factor test for determining joint employer status that aligns with the Department of Labor’s broad interpretation of joint employer status, and rejected the more narrow “economic realities” test used in other circuit courts.

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