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Governor Kathy Hochul has signed legislation aimed at improving “pay transparency,” which will dramatically affect employers’ job advertisement practices across New York State.
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In an unpublished opinion, a unanimous panel from the U.S. 4th Circuit Court of Appeals (which covers employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia) provided some great insight into possible defenses against an Equal Pay Act (EPA) claim. Because this is just an unpublished opinion, it’s not binding precedent.
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Employees at a call center were required to use a computer for all job tasks. At the start of each day, they frequently had to turn on computers and wait an average of seven to 12 minutes for the computers to become usable, at which point they could clock in and access the necessary programs to perform their job duties. Because the timekeeping system was on the computer, they weren’t compensated for that time.
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In a job market with high turnover rates, noncompete contracts are useful ways to protect your business in industries that are susceptible to damage when an employee brings knowledge of internal operations to other companies. This article is meant to help you decide whether your business would benefit from a noncompete contract for your employees or business partners.
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The confluence of two new laws creates a dangerous circumstance for employers. The trend toward transparent employment practices now requires many employers to create and publish wage ranges for every job. Once wage ranges are widely known, California’s Equal Pay Act (EPA) makes it very easy for a female employee who wasn’t paid the same as an arguably comparable male counterpart to proceed to trial on an EPA claim, even when all of her surrounding claims are rejected on the facts.
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Employers often provide an array of benefits to employees. One such benefit is a health flexible spending account (FSA), which allows employees to contribute pretax dollars to be used for unreimbursed medical expenses incurred during the year. FSAs are considered self-funded health plans and must not discriminate in favor of highly compensated employees.
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Recently, the U.S. Department of Labor (DOL) announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who aren’t covered by the Fair Labor Standards Act (FLSA)), or as employees (who are entitled to the Act’s minimum wage and overtime provisions, as well as other employment-related benefits).
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