Last month the Ninth Circuit held that employers may legally inquire into an employee’s or prospective employee’s salary history and use that information to pay men and women differently for the same work. Despite the Ninth Circuit’s ruling, employers with a practice or policy of inquiring into applicants’ prior salaries should review their policies and […]
Helsell
REMINDER: Employers Must Use New I-9 Form Beginning January 22, 2017
As you know, employers must complete a Form I-9 for every new employee hired after November 6, 1986. If you haven’t switched to the I-9 Form dated 11/14/16 yet, NOW is the time to do so. Starting January 22, 2017, USCIS will only accept the 11/14/16 edition. Until then, you can use the 03/08/13 edition, […]
The SEC Wants to Look at Your Severance Agreements (and more)….
Publically traded companies that are subject to the Dodd-Frank Act should be aware of recent compliance actions by the Securities and Exchange Commission. The ‘Securities Whistle Blower Incentives and Protection’ section of Dodd-Frank was adopted in 2011, but just last month the SEC issued a compliance warning after initiating a cease-and-desist action against one company. […]
Ironic? Obama Appointee Stops New Overtime Rule
Surprise! On November 22, 2016, Federal Judge Amos Mazzant issued a nationwide injunction against the new Department of Labor Overtime Rules. Scheduled to take effect on December 1, 2016, the new rules increased the salary basis necessary to classify employees as exempt from being paid overtime. To be exempt, employees must meet BOTH the salary […]
Washington Initiative 1433: What it Means for State Employers
November’s election told us more than who will be our president for the next four years; it also changed Washington State’s minimum wage law and added paid sick leave for employees statewide. Washington state voters approved Initiative 1433 which amends the state’s existing minimum wage law (RCW 49.46) to set minimum wage at $11.00 for […]
Does the NLRA Protect “Negative Attitudes” in the Workplace?
On November 3rd, a former employee of Trader Joe’s filed a charge with the National Labor Relations Board Regional Office in New York for violating the National Labor Relations Act (NLRA). Trader Joe’s alleged unfair labor practice? Firing an employee who had been repeatedly warned about his overly negative attitude. This Trader Joe’s store is […]
Defeat of the Non-Compete
When I was in high school, I worked part-time at a clothing store that had a fantastic employee discount. How great would it be, high-school-me mused, to capitalize on employee discounts at all my favorite stores by getting several jobs at the mall. There was only one problem: when I started my job at the […]
The Scariest Costume on Halloween is One Worn in the Workplace
Some employers allow employees to wear costumes on Halloween as a treat; unfortunately, it can turn into a trick-y situation. Halloween costumes can often be either gory, racy, or offensive: any of the three should scare employers. Employers can be liable for costumes that make fun of protected characteristics such as disability status, race, or […]
Domain Name Disputes – Protect Your Online Turf
In a recent case, an individual in Guangzhou, China registered the domain names <walgereens.com> and <walgreene.com> with an internet registrar. The websites at the disputed domain names displayed the message “Redirecting” before taking users to various, unrelated websites, including the legitimate website at “www.walgreens.com”. Each time a user typed in the URL a different website […]
Changes to Scheduling for Seattle “On-Call” Workers
Following in the footsteps of San Francisco, the Seattle City Council unanimously passed a “secure scheduling” law to regulate how large retailers and food-service employers schedule their workers. As we advised last month, the new law will apply to large retailers and fast-food, coffee and drinking establishments with 500 or more employees worldwide, as well […]