Author name: P•A•S Associates

Time Entering, Exiting, Driving, and Marooned on Campus All Compensable

The U.S. 9th Circuit Court of Appeals (which covers employers in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington) had to deal with three novel and complex wage and hour questions and asked the California Supreme Court to provide the answers. Must you pay workers while they are waiting […]

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DOL Updates Guidance Regarding FMLA

The Department of Labor (DOL) recently updated guidance regarding enforcement of the Family and Medical Leave Act (FMLA), and the updates will affect all employers. Let’s take another look. FMLA Fact Sheets First, the DOL issued Fact Sheet 28D, which pertains to employer notice obligations under the FMLA. The DOL makes clear in this guidance

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Remember to Protect Outdoor Workers From Heat Illness

As June approaches and temperatures in some areas of California creep into the 90s and even surpass 100 degrees, employers must take appropriate steps to protect their outdoor workers from heat illness — by adhering to the California Division of Occupational Safety and Health’s (Cal/OSHA’s) heat illness prevention standard. As Cal/OSHA reminds employers, employers with outdoor workers

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USPS to pay $141K after firing worker for reporting an injury, judge rules

Dive Brief: The U.S. Postal Service violated the Occupational Safety and Health Act of 1970 when it fired a probationary worker in retaliation for reporting a workplace injury, a district judge held May 10 in the U.S. District Court for the District of Oregon. The worker, a city carrier assistant, suffered a calf strain after

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Clock Ticking on Workplace Violence Prevention Programs

By July 1, 2024, almost every employer in California will have to satisfy new requirements designed to effectively combat workplace violence. Written plans, training materials, and employer responsibilities must be in place by that date, so you need to consider them and map them out now. What’s Covered Under New Law The new law covers

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Disclosing Tracking of Company Vehicles

Q:    Are we obligated by law to disclose that our company vehicles are geographically tracked? If so, what is the best practice when advising employees their company cars will be trackable at all times? A:    As a general rule, employers aren’t required to provide notice or obtain consent to install tracking devices on company-owned vehicles. There are

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New Overtime Rule Nearing Publication

The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of review and is likely to be issued by April 2024. OIRA Completing Final Review of Regulation On March 1, 2024, the draft regulation was sent to the

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Internal, External Communications Could Be Open to Discovery in Lawsuit

The significance of documenting employment decisions can’t be overstated and should come as no surprise to employers. Indeed, employment decisions that aren’t supported by documentation—such as poor performance reviews preceding a performance improvement plan—pave the way for lawsuits. Equally important and more often overlooked, however, are internal and external communications and associated documentation that may

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Artificial Intelligence Use Continues to Rise in Employment

As 2023 wound down, the use of artificial intelligence (AI) by employers showed no sign of slowing down. Rather, you should prepare for an increased use and presence of AI in employment decision-making, as well as employee engagement. Intersection of Technology and Employment Law Throughout 2023, an increasing number of states and cities began limiting the

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Counting Travel Time as Approved FMLA Leave is Fact-Specific

Q.   An employee took a few days off to care for her ill mother. Due to flight delays, she’ll be returning to work one day later than expected. Will the last day missed be counted toward Family and Medical Leave Act (FMLA) leave? A.   Generally, travel time should be included as FMLA leave when it’s intertwined with

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