News & Analysis as of

Seasonal Workers Employer Liability Issues

Fisher Phillips

Farm Employers Score Major Win in H-2A Dispute – How Your Business Should Respond to Federal Appeals Court Decision

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A federal appeals court just ruled that the Department of Labor’s administrative system for imposing civil penalties on agricultural employers for H-2A violations is unconstitutional, handing businesses across all industries...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Perkins Coie

Compliance Tips for Retailers During the Holiday Season

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The holiday season marks the busiest time of the year for retailers. Filled with holiday cheer, many shoppers look forward to availing themselves of ever-enticing holiday deals. To fully capitalize on the most wonderful...more

Fisher Phillips

The 7 Biggest Things Retailer Employers Need to Pay Attention to During the Busy Holiday Season

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The holiday season is a whirlwind for retailers: packed stores, long hours, and the need for extra hands to meet demand. While your focus often centers on sales and customer satisfaction, ensuring compliance with employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Preventing Missteps in Hiring and Managing Seasonal Workers

Hiring seasonal workers can raise some important legal questions over how to properly handle overtime pay, work schedules, employee training, and other matters. These concerns particularly affect businesses in the hospitality...more

Jackson Lewis P.C.

WARN Act Issues to Navigate for the Restaurant Industry

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Restaurants’ plans for temporary or permanent closures or layoffs could trigger the notice requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act) or the many state mini-WARN Acts enacted...more

Saiber LLC

New Jersey’s Minimum Wage Increases Starting January 1, 2024

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New Jersey’s new mandatory minimum wage requirement will be effective January 1, 2024. For most employers, the 2024 minimum wage for compensating employees will be $15.13 per hour (up from $14.13 per hour in 2023)....more

Fisher Phillips

Getting Ready to Hire Seasonal Workers? Here’s Your 10-Step Compliance Plan

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Employers across a wide variety of industries are looking to ramp up their hiring efforts as the holiday season begins. Indeed, many businesses will rely on temporary workers to meet the uptick in demand that holiday shopping...more

Fisher Phillips

The Holidays Are Here: 10 Practical Tips for Hiring Seasonal Workers

Fisher Phillips on

Employers across a wide variety of industries are looking to ramp up their hiring efforts as the holiday season begins. Indeed, many businesses will rely on temporary workers to meet the uptick in demand that holiday shopping...more

Littler

Dear Littler: What employment issues should we keep in mind when hiring seasonal minor employees?

Littler on

Dear Littler: We’re a nationwide employer excited that many of the pandemic-related restrictions are starting to ease up. In pre-COVID times, summer was always our busiest season. ...more

Jackson Lewis P.C.

Seasonal Employee May Pursue Disability-Based Hostile Work Environment Claim, Court Rules

Jackson Lewis P.C. on

Reversing a district court’s grant of summary judgment, the Iowa Court of Appeals held an employee presented sufficient evidence for her disability-based hostile work environment claim to proceed to trial, despite the...more

Sheppard Mullin Richter & Hampton LLP

California’s Deadline is Fast Approaching: Employers Must Complete Harassment Prevention Training for English and Spanish-Speaking...

Since 2005, California employers with 50 or more employees were required to provide at least 2 hours of sexual harassment training every 2 years to each supervisory employee, and to new supervisory employees within 6 months...more

Perkins Coie

Verifying Santa’s Helpers

Perkins Coie on

The holiday season and holiday shopping may look a little different this year, especially as more purchases are made online. To respond to the annual influx of orders, employers may hire seasonal workers to assist. In doing...more

Verrill

Action Item & FAQ: New Maine Paid Leave Rules Address Business Concerns

Verrill on

On January 1, 2021, LD 369, An Act Authorizing Earned Employee Leave takes effect for Maine employers. Passed by the Legislature in 2019, Maine employers have been patiently waiting for clarification as to the...more

Proskauer - Law and the Workplace

Nevada Labor Commissioner Issues Advisory Opinions Regarding Paid Personal Leave Law

As we previously reported, Nevada has enacted a personal leave law, which, effective January 1, 2020, will require private employers with 50 or more employees in Nevada to provide certain employees working in the state with...more

Farella Braun + Martel LLP

California Employers Granted a One-Year Reprieve on New Mandatory Sexual Harassment Training Deadline

If you are scrambling to comply with the new California sexual harassment training requirements, we have some good news: with some exceptions, employers have another year to put those plans in place. Under prior law, which...more

Harris Beach Murtha PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Harris Beach Murtha PLLC

The New ICE Age: Labor and Immigration Enforcement

The need for a reliable and legal workforce is of utmost importance to the landscaping industry, as well as other seasonal business. I hear from seasonal employers every day about how difficult it is to find reliable U.S....more

Conn Kavanaugh

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

Conn Kavanaugh on

Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between...more

Troutman Pepper Locke

New Jersey Minimum Wage to Increase to $15.00 by 2024

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Q: I have employees who work in New Jersey. What do I need to know about the minimum wage increase? A: New Jersey recently passed a law that will raise the minimum wage by increments over the next five years. ...more

U.S. Equal Employment Opportunity Commission...

Llanerch Country Club to Pay $30,000 to Settle EEOC Age Discrimination Lawsuit

Country Club Unlawfully Subjected Groundskeeper to Seasonal Layoffs and Discharge Because of Age, Federal Agency Charged - PHILADELPHIA - Llanerch Country Club (LCC) of Havertown, Pa., has agreed to pay $30,000 in...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

Littler

DOL Issues Guidance on Joint Employment under FLSA

Littler on

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

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