Clarification on the “Day of Rest” Requirement for California Employers

Employees in California must receive at least one day off per week (“day of rest”) under California labor law.  This is not a new requirement, however the California Supreme Court recently clarified how the “day of rest” rule applies.

The court stated that employers must allow a day of rest in each workweek. The workweek is defined by each employer, generally in the Employee Handbook. The rule doesn’t indicate that the employee receives at least one day off in any seven day period. So, for example, if an employer has a workweek defined as Sunday through Saturday, an employee could have Tuesday off one week and then Friday off the following week. This means the employee would be working nine days in a row, but the employer is still in compliance with the day of rest requirement because the employee is getting one day off in each workweek.  Continue reading

Georgia’s New Kin Care Law

Effective July 1, 2017, large employers in Georgia who offer sick leave to their employees must allow their employees to use sick time to care for an immediate family member.

The new law applies to employers with 25 or more employees. These large employers who currently offer employees paid sick leave (or begin to do so in the future) must allow employees who work at least 30 hours per week to use up to 5 days of paid sick leave per year for the care of an immediate family member. Continue reading

Hiring Employees Under 18 – Know the Laws Regarding Child Labor

As summer approaches and schools are close to letting out for summer vacation, many employers will be hiring teenagers to do summer work. But before hiring an employee who is not yet 18 years old, it is very important for employers to familiarize themselves with child labor laws to ensure they remain in compliance and avoid potential penalties.

The federal Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor (DOL), provides some work limitations based on the age of the minor employee:

  • Under 14 years old: generally cannot perform any work (outside of a few exceptions such as newspaper delivery and casual babysitting).
  • 14-15 years old: only permitted to work in specified occupations (such as retail and some kitchen and food service – for a full list of permitted occupations click here). There are also restrictions regarding hours that employees 14 and 15 years old can work:
    • No work can be performed during school hours,
    • No more than 3 hours of work on school days (including Fridays),
    • No more than 18 hours per week during the school year,
    • No more than 8 hours per day during school breaks,
    • No more than 40 hours per week during school breaks,
    • No work before 7 am or after 7 pm (except between June 1st and Labor Day when the nighttime limitation is extended to 9 pm).
  • 16-17 years old: can work unlimited hours with no restrictions or limitations in any job other than those designated as hazardous by the Secretary of Labor. For a list of hazardous jobs, click here.
  • There are separate rules for minors working in the agricultural industry. For more information about those rules, click here.

The FLSA permits employers to pay employees younger than 20 years old less than the regular federal minimum wage for their first 90 days of employment (consecutive calendar days). The current federal youth minimum wage is $4.25 per hour.

The FLSA does not require minors to obtain a work permit to begin employment, however many states have laws that do require work permits.

In addition, many states have their own rules regarding child labor addressing items such as required meal or rest breaks and/or restrictions on hours worked. It is very important to be aware of all applicable state laws in addition to the rules established under the FLSA. For more information regarding state specific laws, click here.

Paid Sick Leave Required for Chicago Employers

Effective July 1, 2017 employers with one or more employee working in Chicago will be required to provide their “covered” employees with paid sick leave.

The new ordinance applies to all businesses with one or more “covered” employee in Chicago who have a business facility within the city or who are subject to any of Chicago’s license requirements.

Employees are covered by the ordinance if they work at least two hours in Chicago in any two-week period. Both part time and full time employees are covered as long as they work at least 80 hours in any 120-day period.

Continue reading

Ohio: How the New Gun Law Affects Employers

In Ohio, there is a new gun law going into effect on March 21, 2017 that will give additional rights to concealed carry permit holders and active duty military members.  Under the new law, concealed carry permit holders will be allowed to carry their guns in additional places, including bringing a licensed firearm into a public parking lot.  Active duty military members will be allowed to carry weapons under certain conditions without a concealed carry license.  Continue reading

California Employers Must Provide Notice to Employees of Rights to Domestic Violence Leave

On September 14th, California Governor Jerry Brown signed a new bill, AB 237employmentlawupdate7, which requires employers with 25 or more employees to provide notice to their employees of their right to a protected leave of absence for domestic violence, stalking or sexual assault.

By no later than July 1, 2017 the California Labor Commissioner is expected to develop and publish a form to be used to provide this notice to employees at the time of hire and at any time during employment upon employee request. Continue reading

Expanded Maryland Equal Pay Act Including Pay Transparency Effective October 1st

Maryland’s existing Equal Pay act prohibits employers from discriminating against employees of one sex who work in the “same establishment” and perform similar work by paying a lower wage than an employee of another sex.

Earlier this year, Maryland Governor Larry Hogan signed into law the Equal Pay Act for Equal Work Act which amends the existing Equal Pay act. Continue reading