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Calculating overtime pay for tipped employees working in multiple positions at different rates in a single workweek can be confusing. So confusing, in fact, that we discovered that even the District of Columbia’s Department of Employment Services (“DOES”) was getting it wrong in guidance published on its website. Before reviewing what DOES did wrong, let’s briefly review the key principles to keep in mind when calculating overtime pay for tipped and non-tipped employees in Washington, D.C.

EEOC Extends Collection Period for EEO-1 Component 2 Data

October 1, 2019 | Blog | By Morgan Tanafon

On September 27, the EEOC announced in a court filing that collection of Component 2 data is continuing as long as “the Court’s order is in effect stating that collection will not be complete until it reaches what the Court has determined to be the target response rate. . .”

The Long-Awaited Final Overtime Rule Has Landed

September 26, 2019 | Blog | By Don Davis, Morgan Tanafon

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Important EEO-1 Component 2 Deadline Approaching This Month

September 13, 2019 | Blog | By Morgan Tanafon


California Supreme Court Delivers PAGA Win for Employers

September 13, 2019 | Blog | By Paul Huston

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Read about the AB 5, a bill passed by the California legislature that effectively bans nearly all categories of independent contractors, not just gig economy workers.
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The Bubbler – We’ll Wake You Up When September Ends

September 5, 2019 | Blog | By Don Davis

We know August was exhausting for employers – New York, New Jersey, Maine, Colorado, and yes, even Alabama – all kept you on your toes with new and updated employment legislation that represents an array of new compliance obligations.  These new restrictions on employers run the gamut from prohibitions on certain non-competes in New Hampshire to equal pay legislation in Alabama to a Maine ban on salary history questions to medical marijuana protections in New Jersey to a Colorado ban-the-box law.
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Governor Cuomo Signs Bill Updating the New York State Human Rights Law

August 13, 2019 | Blog | By Michael Arnold, Brie Kluytenaar

On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees.  In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination laws into effect.  Now, the Governor has completed this effort by signing into the law a bill that makes significant changes to the New York Human Rights Law.
Federal law nowadays certainly favors enforcement of agreements to arbitrate.  But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made.
On June 18, 2019, Connecticut Governor Ned Lamont signed into law Public Act 19-16, “An Act Combatting Sexual Assault and Sexual Harassment,” also known as the “Time’s Up Act” (the “Act”). The Act involves several significant changes to Connecticut’s employment laws, with a particular focus on expanding sexual harassment prevention laws.
On June 13, 2019, the Department of Health and Human Services (HHS), the Department of Labor (DOL), the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) (collectively, the “Departments”) issued a coordinated set of final regulations (“final rules”). Entitled, “Health Reimbursement Arrangements and Other Account-Based Group Health Plans,” the final rules expand employers’ ability to offer health reimbursement arrangements (HRAs) to their employees to be used in conjunction with individual market coverage and recognize a new type of excepted benefit HRA that allows employees to pay for HIPAA excepted benefits and short-term coverage. This post summarizes the final rules.

The Bubbler

July 3, 2019 | Blog | By Natalie Young

Viewpoint-Landing Employment Counseling Training Mintz

President Directs Agencies to Expand HSA and FSA Rules

July 1, 2019 | Blog | By Patricia Moran

In an Executive Order issued on June 24, 2019, President Trump directed several agencies to address a number of health care related matters through regulation.  This focuses on Section 6 which takes aim at Health Savings Accounts (HSAs), health care Flexible Spending Accounts (FSAs), and medical expenses generally.

New York To Curb Employer Use of Applicant and Employee Wage and Salary History

June 26, 2019 | Blog | By Brie Kluytenaar, Michael Arnold


New York Extends Pay Equity Act to All Protected Classes

June 25, 2019 | Blog | By Jennifer Budoff, Michael Arnold

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