The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption…

FMLA Forms Expiration Date Extended The Department of Labor’s model Family and Medical Leave Act (FMLA) notices and certification forms were originally due to expire on May 31, 2018, but were extended twice, and now expire on August 31, 2018. Once approved by the Federal Office of Management and Budget, the new FMLA forms will be valid…

Veterans Preference in Hiring On July 29, 2018, Alaska Governor Bill Walker signed legislation (H.B. 2) permitting private employers to voluntarily grant an employment preference to a member of the National Guard or a veteran when hiring an employee. To qualify for the preference, the National Guard member must be presently serving in good standing…

Troester Decision Interprets De Minimis Doctrine in Favor of Compensation On July 26, 2018, the California Supreme Court decided in Troester v. Starbucks Corporation that the federal Fair Labor Standard Act (FLSA) de minimis doctrine does not apply to claims for unpaid wages under Cal. Labor Code §§ 510, 1194, and 1197. The de minimis…

Minimum Wage – Ballot Initiative and Council Response On June 19, 2018, District of Columbia voters passed a ballot initiative (Initiative 77) to: Increase the minimum wage in the District of Columbia to $15 per hour by 2020. Increase the minimum wage for tipped employees so that they receive the same minimum wage directly from…

On April 10, 2018, Iowa Governor Kim Reynolds signed legislation (H.F. 2392) relating to electronic and mechanical eavesdropping, and the interception of communications. The law permits employers to use both of the following: Monitoring devices for intercepting video or audio communications to provide proof of or prevent criminal activity outside of structures on their property. Surveillance systems for…

Sexual Harassment Policy On August 3, 2018, Illinois Governor Bruce Rauner signed legislation (S.B. 405) requiring each bidder who submits an offer for a state contract to both have a sexual harassment policy and provide a copy of the policy to the state agency entering into the contract, upon request. The law also requires taxpayers…

Employee Rights to Certain Inventions On January 16, 2018, New Jersey Governor Phil Murphy signed legislation (A.B. 492) protecting employee rights to ownership and usage of employee inventions developed entirely on an employee’s own time and without using his or her employer’s resources.  The law became effective April 1, 2018. Read NJ A.B. 492

Seattle Domestic Workers Ordinance On July 23, 2018, the Seattle City Council passed a Domestic Workers Ordinance (Ord. 125627) providing protections for domestic workers and establishing a Domestic Workers Standards Board. The ordinance covers domestic workers (both employees and independent contractors) who provide paid services to an individual or household in a private home as a nanny,…

Criminal Penalties for Unemployment Benefits Fraud On February 27, 2018, Wisconsin Governor Scott Walker signed legislation (A.B. 710) creating criminal penalties for any person who knowingly makes a false statement or representation to obtain any unemployment insurance benefit payments, either for himself, herself, or for any other person. The law became effective April 1, 2018….