FELS Newsletter: December 2023
No-Return-Date Layoff Entitles Employees to Immediate Payment of Accrued Wages
In its opinion filed on Sept. 22, the 9th U.S. Circuit Court of Appeals held that employees of Hyatt Hotels were entitled to payment of accrued vacation benefits immediately on layoff during the COVID-19 pandemic. In March 2020, more than 7,000 Hyatt employees were laid off indefinitely and offered no date of return to work. […]
Updated Labor Code § 2810.5 Notice to Employee Issued
The Office of the Labor Commissioner has released a revised Wage Theft Protection Act Notice to Employee form to reflect changes in California Paid Sick Leave provisions (SB 616, L. Gonzalez, D-Long Beach) and in required notifications for H-2A employees in California of a federal or state disaster declaration (AB 636, Kalra, D-San Jose). AB 636 requires […]
USDOL Issues 2024 AEWRs
On Dec. 14, the U.S. Department of Labor published 2024 Adverse Effect Wage Rates (AEWRs) for employers using the H-2A temporary foreign agricultural worker visa program. Program rules generally require employers engaging employees with employment-based H-2A visas to pay the highest of the AEWR, any applicable prevailing wage, or the applicable statutory minimum wage. While the AEWR […]
I’m An Employment Lawyer. Here are 5 Things You’re Doing Wrong
Robin Shea, Constangy, Brooks, Smith & Prophete You won’t want to miss this!!! You all probably read respectable news sources. I subscribe to a number of “sober” mainstream publications but have a sick attraction to the Daily Mail and the New York Post. Anyway, both publications frequently publish articles by so-called “experts.” The gist is, “I am a […]
At-Will Employment is a Fairy Tale
Fiona W. Ong, Shaw Rosenthal, LLP Once upon a time, employees in all states but Montana (always bucking the establishment!) were presumed to be employed at will, absent some sort of employment agreement (e.g., individual contract for a term, a collective bargaining agreement, policies that contemplates termination for cause, etc.). That means either the employer […]
