Connecticut enacted a paid family and medical leave law, which provides paid leave to eligible employees and expand allowable reasons for such leave. This Connecticut statute closely tracks Massachusetts’s parallel statute and appears to be among the most generous paid family leave laws in the country. All private sector employers (and their employees who work in Connecticut) are covered.
Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the US Constitution. Often, lawyers speak of preemption even where it is one federal law displacing another or one state law displacing another. When statutory laws abut or overlap like tectonic plates, which should apply?
As large-scale cases proliferate under federal and state wage-and-hour laws, there is more and more reason to study plate tectonics for potential defenses. Thinking about preemption requires looking beyond the intricacies of the case at hand to broader issues of public policy; applying preemption as a defense requires thinking about more than the statute alleged in the complaint.
Finding preemption, like throwing the Eephus pitch, is an arcane but game-winning skill. Learn how to find it in this article from Michael Giambona.
Originally published by Law360, April 2019.
The City of Dallas recently passed an ordinance requiring employers to provide paid sick leave to workers. Starting August 1, 2019, employers with more than five employees who perform at least 80 hours of work in a year in Dallas should be prepared to comply with the new ordinance.
In case you have been distracted by other recent events in the UK, here is a reminder that the compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation increased as of the first week of April 2019.
This alert sets out the changes in full and highlights important consequences for employers.
Proposed regulations will alter which white-collar employees remain overtime exempt. Staying vigilant on Fair Labor Standards Act compliance is critical; read on to learn more on proposed increases to the minimum salary necessary to qualify for the executive, administrative or professional exemptions.
In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in California, new developments have emerged further clarifying pay equity laws. For best practices, they recommend:
Join us on March 7 in Chicago for our annual Benefits Emerging Leaders Working Group, which provides benefit professionals with tools to better serve employees in an ever-changing benefits landscape.
Our presentations will tackle the latest benefits hot topics and best practice solutions and will be supplemented with important networking opportunities aimed to connect tomorrow’s benefit leaders with a broad network of professionals.
Speakers from The Art Institute of Chicago, Alera Group Inc. and McDermott will lead interactive discussions around a range of topics, including:
When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using staffing companies. Additionally, they cover Dynamex’s impact on worker classification and employee benefits plans, particularly under ERISA.
Lastly, they provide best practices that employers can do now to prevent litigation.
Join us this Friday, February 8, for an interactive discussion on minimizing liabilities when terminating employees. Rachel Cowen and Brian Mead will talk about workplace investigations, releases and severance agreements.
Our lively 45-minute discussion will tackle the following topics:
Friday, February 8, 2019
10:00 – 10:45 am PST
11:00 – 11:45 am MST
12:00 – 12:45 pm CST
1:00 – 1:45 pm EST
There is significant risk and exposure facing senior leaders charged with workplace and workforce management. As we launch into 2019, it is more critical than ever for in-house counsel and HR professionals to effectively manage ongoing risks and strategically plan for what’s ahead. To learn more, join our half-day forum and reception in one of our two locations this month.
January 29 – San Francisco, CA
January 31 – Los Angeles, CA
This interactive and forward-looking program fosters open discussion that will help you see around the corner and position your business to protect its interests. Key issues of focus will include:
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