Labor & Employment Developments Blog

EWA stands for earned wage access. It is a way for employees to receive their earned wages before their regular pay day. Basically, a third party provider is given information about time worked by the employee and pays them the amount earned right away rather than the employee having to wait for payday.

In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed, including:

FMLA Retaliation – What constitutes “protected activity” under the FMLA?

Perkins v. City of New York – In this failure to accommodate case, the Court concluded that an ineffective accommodation does not satisfy the requirements of the law.

Davis v. City of Montevallo – Your employee handbook has a solid at-will disclaimer so you can’t get in trouble for a termination – right?

Pregnancy Discrimination – The Pregnant Workers Fairness Act ...

The New Year is here and this episode will consider some trends from 2022 and what to expect in 2023 and beyond.

It’s the holidays and employment lawyers everywhere issue their annual advice about holiday parties.  Here are 9 thoughts for employers considering a holiday party for their employees: 

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA).  

In honor of Thanksgiving last week, today’s episode will focus on eight things employers do or don’t do that give plaintiffs’ attorneys (attorneys who represent employees against employers) reasons to be thankful. 

In January 2022, the New York City Council amended the New York City Human Rights Law (NYCHRL) to require employers advertising in New York City to include a good faith salary range for every job, promotion, and transfer opportunity advertised. Advertisement is defined as a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, including, but not limited to, posting on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.

A new feature of The Practical Employment Law Podcast will be interviews of guests with insights into employment law, including attorneys, business owners and managers and  just about anyone with something interesting to say.   

Training repayment agreement provisions (TRAPs) are a hot topic lately. These agreements, which may be stand alone or included in a broader employment agreement, require employees who have completed an employer provided training program to reimburse the employer for some or all of the cost of the training if they leave within a certain timeframe.

On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162 into law. This law builds upon and expands the existing SB 973, a 2020 law, which requires employers with 100 or more employees to submit pay data reports to the California Department of Fair Employment and Housing.

Effective January 1, 2023, employers with 100 or more employees will be required to submit pay data reports to the Civil Rights Department within the Business, Consumer Services, and Housing Agency on or before the second Wednesday of May 2023, and for each year thereafter. This requirement ...