Predictability Pay
Predictability pay is compensation employers must provide to employees if employers initiate changes to employees’ posted work schedules.
Covered employers include retailers, hotels, and food service establishments, plus chain establishments or franchises, with at least 30 locations and 250 employees worldwide. Covered employers must post employees’ work schedules 10 days in advance of the workweek. Covered employees include all non-exempt employees under either federal or state law.
If an employer requests to change an employee’s posted work schedule, it is considered an employer-initiated change in which predictability pay must be provided. Employer-initiated changes include when an employer:
Reduces an employee’s hours;
Thursday, January 21, 2021
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice President Kamala D. Harris presiding as president of the U.S. Senate), the legislative branch of the U.S. government for the first time since 2011. While that transition will, no doubt, impact a great many national and global issues, the focus of this article is the potential impact that this dynamic will have on U.S. labor law and policy.
Those who have been monitoring labor issues since 2008 largely know what to expect. After four years of more management-friendly labor policy, today the pendulum has started to swing in the direction of labor, just as it did in 2008. How far the pendulum swings and how fast is yet to be determined, but all signs indicate the swing could be significant. On the eve of the election, President Bid
Friday, January 15, 2021
With 2020 finally in our rearview mirror, we can begin to look ahead to a promising and prosperous 2021. As the cloud of COVID-19 starts to lift (thanks to several vaccines), we expect employers will slowly begin to reopen their offices, employees will travel more, and the job market may revert back to the low unemployment levels that predated the onset of COVID-19 in March 2020. The ever-changing landscape of restrictive covenants certainly could affect all of this employment-related activity, including non-competes and non-solicits. Here are our early predictions for the Top 3 hot-button issues to look out for in the coming year.
Thursday, January 14, 2021
On January 8, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) published an opinion letter responding to an unidentified religious organization’s request for clarification on the “scope of the legal protections for religious liberty in the workplace.” The organization’s request stemmed from its concern that “employees in the technology, education, public, and other sectors may face discrimination at work based on faith-related activities and beliefs.”
Executive Order 11246 applies to federal contractors and subcontractors and, through its equal opportunity clause included in federal contracts, prohibits employment discrimination on a variety of characteristics, including religion. However, the executive order includes an exemption for religious corporations, associations, educational institutions, and societies with respect to the employment of individuals of a certain religion. OFCCP recently finalized regula
Thursday, January 14, 2021
As the United States begins its rollout of the COVID-19 vaccine, employees are receiving conflicting information about what their employers can and cannot require of them. This article will address some of employees’ most pressing questions about how to navigate vaccination-related issues in the workplace in the months to come.
Can my employer require me to be vaccinated against COVID-19?
Generally speaking, yes. Employers can impose health and safety requirements on all employees as a condition of employment to the extent those requirements do not conflict with the Americans with Disabilities Act (“ADA”) by violating the rights of individuals with disabilities or by misusing their employees’ confidential medical information. The Equal Employment Opportunity Commission (“EEOC”) has explained that under the ADA, employers are prohibited from requiring employees to undergo medical procedures that “seek information about an indiv