Thursday, December 29, 2016

Apple Loses Labor Code Violation Lawsuit and Will Pay Out $2 Million


A long-running class action lawsuit between Apple and employees of its retail stores in California came to a quick conclusion last week. The lawsuit, originally filed in 2011 and elevated to class action status in 2014, involves Apple retail and corporate employees who worked for Apple between 2007 and 2012. The trial was to continue this week for corporate employees, as the jury verdict only applies to retail employees, according to a tipster. 

The suit alleged that Apple failed to give employees adequate breaks, failed to pay wages in a timely manner after employees left the company and failed to provide accurate wage statements. The case finally went to court in San Diego back in October, and a jury has now ordered Apple to pay out $2 million in restitution. Apple can now appeal the case before a higher court.

California Labor Code dictates that employees must be provided with at least a 30-minute meal break when the work period is more than five hours, and at least a 10-minute rest break for every four hours worked. The defendants claimed Apple failed to always provide these breaks for at least four years prior to the lawsuit. 

The settlement works out to about $95 per employee included in the class, and $2 million is a tiny fraction of the $42.4 billion Apple pulled in during Q3 alone. For its part, Apple claimed it has offered adequate breaks in accordance with California Labor Code for years before the lawsuit was filed. The company has not yet commented on today’s settlement, but the employees who were denied breaks while helping customers pick out new iPhones and iPhones will see their cash as soon as the lawyers get their cut.

California Labor Code dictates that employees must be provided with at least a 30-minute meal break when the work period is more than five hours, and at least a 10-minute rest break for every four hours worked. The defendants claimed Apple failed to always provide these breaks for at least four years prior to the lawsuit. 

Such violations of California Labor Code also happened to large enterprises in the past: In 2013, Starbucks agreed to pay $3 million to resolve a class action lawsuit accusing the company of several wage and hour violations. In 2014, FedEx agreed to pay a $2.1 million settlement to resolve a class action lawsuit about failing to provide proper meal and rest breaks. For employers in California, to avoid such lawsuits and compensation, it’s highly essential to keep an eye on labor law compliance and post Federal and California labor law posters as required by the government. Updated labor law postings help you stay compliant and minimum unnecessary loss.

Monday, December 26, 2016

How to Determine If Your Workplace Posters Are Compliant?

As an employer, federal and state laws require you to clearly display official labor and employment posters detailing federal and applicable state labor laws. Failure in posting the right posters will result in penalties and fines. Hence, it’s important to make sure which workplace posters you are required to post.

Posting requirements vary by statute; that is, not all employers are covered by each of the Department's statutes and thus may not be required to post a specific notice. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the Act's posting requirements.

The elaws Poster Advisor can be used to determine which poster(s) employers are required to display at their place(s) of business. For information on state poster requirements , you can go to the workplace posters provider and get the most up-to-date posting requirements and professional services on posting compliance.

The following are Compliance Assistance Materials that helps you make sure if you are required to post the federal posters:

Workplace Posters
l  Employee Rights Under the Fair Labor Standards Act" Poster (FLSA / Minimum Wage)
Who Must Post: Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices.
l  Job Safety and Health: It's the Law" Poster (Occupational Safety and Health Act/OSHA)
Who Must Post: Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers.
l  "Employee Rights and Responsibilities Under The Family and Medical Leave Act" (FMLA)
Who Must Post: Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers.
l  Equal Employment Opportunity is the Law" Poster (EEO)
Who Must Post: Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading.
l  Pay Transparency Nondiscrimination Provision (41 CFR Part 60-1.35)
l  Migrant and Seasonal Agricultural Worker Protection Act Notice (MSPA)
Who Must Post: Agricultural employers, agricultural associations and farm labor contractors subject to the MSPA and who employs any migrant or seasonal agricultural worker(s).
l  Employee Rights for Workers with Disabilities Paid at Special Minimum Wages" Poster (FLSA Section 14(c))
Who Must Post: Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act.
l  Employee Polygraph Protection Act Notice (EPPA)
Who Must Post: Any employer engaged in or affecting commerce or in the production of goods for commerce. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.
l  "Your Rights Under USERRA" Notice/Poster
Who Must Post: The full text of the notice must be provided by each employer to persons entitled to rights and benefits under USERRA.
l  Employee Rights Under the H-2A Program
Who Must Post: Agricultural employers hiring temporary agricultural workers under H-2A visas.

Workplace Posters of special interest to federal contractors:
l  Notice to All Employees Working on Federal or Federally Financed Construction Projects (Davis-Bacon Act)
Who Must Post: Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1.
l  "Equal Employment Opportunity is the Law" Poster (EEO)
Who Must Post: Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading.
l  Pay Transparency Nondiscrimination Provision (41 CFR Part 60-1.35)
Who Must Post: Entities holding federal contracts or subcontracts or federally assisted construction contracts of more than $10,000; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading.
l  "Employee Rights on Government Contracts" Poster (SCA, CWHSSA, Walsh-Healey)
Who Must Post: Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees.
l  "Notification of Employee Rights Under Federal Labor Laws" Poster
Who Must Post: Federal contractors and subcontractors must post the employee notice conspicuously in and around their plants and offices so that it is prominent and readily seen by employees. In particular, contractors and subcontractors must post the notice where other notices to employees about their jobs are posted.
Additionally, federal contractors and subcontractors who post notices to employees electronically must also post the required notice electronically via a link to the OLMS website. When posting electronically, the link to the notice must be placed where the contractor customarily places other electronic notices to employees about their jobs. The link can be no less prominent than other employee notices. Electronic posting cannot be used as a substitute for physical posting.
Where a significant portion of a federal contractor's or subcontractor's workforce is not proficient in English, they must provide the employee notice in languages spoken by employees. OLMS will provide translations of the employee notice that can be used to comply with the physical and electronic posting requirements.


Wednesday, December 14, 2016

Advice for Purchasing and Posting Labor Law Posters

Labor law posters inform workers of their rights under the federal and state labor laws. All covered employers are required to display the posters in their workplace. Employers must post revised or newly required labor law notices on the posting effective date (not before) to be in compliance with the applicable state or federal employment laws.

For purchasing and posting labor law posters, there are a few important tips to remember:

1. Purchasing labor law compliance is not a one-time thing.
Generally, labor law posters are updated at least annually, but more often throughout the year as well. Failure to keep up with state and federal postings will lead to penalties or fines up to $32,946. Hence, finding a good labor law poster service provider is important for your company to stay in compliance and avoid unnecessary costs.

2. Labor law posters have strict posting requirements.
Posters must often fit very strict compliance requirements. There are some posters which must be displayed next to another specific poster. Most posters must appear within a certain size range, ensuring that the posters easily catch the attention of employees and are easy to read. For example, OSHA posters are required to be at least 8.5" x 14" inches with 10 point type (Pic 1). Some states have different posting requirements and sizes. Sometimes it can be as simple as not having the right poster in the right size that makes a company non-compliant.


Pic 1 OSHA poster
A number of federal and state posting regulations carry a fine for not posting the labor law poster in a conspicuous place:
• The penalty for violating the Occupational Safety and Health Administration (OSHA) posting requirement could reach $7,000;
• An employer violating any provision of the Employee Polygraph Protection Act of 1988, including the posting requirement, faces a fine of up to $10,000; and
• Employers covered by the Family and Medical Leave Act (FMLA) who willfully refuse to display the notice could be fined $100.
Actions by federal agencies, such as the increase in the EEOC’s poster fine, show that they continue to consider posters to be a significant means of keeping employees apprised of their rights under the law.

3. Posters in other language need to be provided to workers whose native language are not English.
Many posters have language requirements, meaning that posters need to be provided not only in English but also Spanish or other languages for non-native English speaking workers. As Spanish is a strong second language in the United States, many posters have Spanish posting requirements. When language requirements are in place, the state and federal DOLs provide the posters in the designated languages. Some posters are available in as much as 10 languages including English, Spanish, Arabic, Chinese, Haitian Creole, Korean, Nepali, Polish, Portuguese, and Vietnamese. Compliance companies have the posters in the required languages and will automatically provide mandatory language posters and provide other DOL provided language posters upon request of the client.


Pic 2 California Minimum wage Poster in Spanish

Monday, December 05, 2016

Minimum Wage Posting Updates in 2016

In the US, the minimum wage is set by federal, state, and local laws. Employers generally must pay workers the highest minimum wage prescribed by federal, state, or local law. In July 2016, the federal government mandates a nationwide minimum wage of $7.25 per hour. There are 29 states with a minimum wage higher than the federal minimum as of October, 2016. 

The following map illustrates the minimum wage level in the US as of January, 2016:


During January to November 2016, 10 states have increased their minimum wage: Florida, Michigan, Missouri, New Jersey, Ohio, Rhode Island, Colorado, Massachusetts, Oregon and Minnesota. Currently, Rhode Island, Massachusetts and Oregon are among the states with the highest minimum wage rate in the US.





STATE
DATE
DESCRIPTION
FL
10/2016
Updated to reflect new 2017 minimum wage rate of $8.10.
MI
10/2016
Updated to reflect new 2017 minimum wage rate of $8.90, effective January 1, 2017.
MO
11/2016
Updated to reflect new 2017 minimum wage rate of $7.70, effective January 1, 2017.
NJ
11/2016
Updated to reflect new 2017 minimum wage rate of $8.44, effective January 1, 2017.
OH
10/2016
Updated to reflect new 2017 minimum wage rate of $8.15.
RI
1/2016
Rhode Island has increased its minimum wage to $9.60 per hour.
CO
1/2016
Colorado has increased its minimum wage to $8.31 per hour, effective
MA
1/2016
Massachusetts has increased its minimum wage to $10.00 per hour effective January, 2016.
OR
07/2017
Oregon has increased its minimum wage to $9.75 per hour effective July 1, 2016.
MN
08/2016
Effective August 1, 2016, Minnesota has increased its minimum wage to $9.50/hr for large employers, and $7.75/hr. for small employers.


Besides the website of Department of Labor, you can also get posting updates from poster service providers such as Postersolution. They usually collect and publish the latest changes on federal and state labor law posters

Friday, December 02, 2016

Federal and State Labor Law Posting Updates in 2016

Labor Law poster helps your business stay compliant with the posting regulations required by the U.S. Department of Labor. Keeping updated with the latest labor law postings will protect your employees’ rights, which is important in the event of an audit or inspection. This article includes the federal and state labor law posting updates from January to August of 2016.

Federal Labor Law Posting Updates
In August, 2016, the federal government has released required updates to both the federal Minimum Wage posting (FSLA) and the Employee Polygraph Protection Act posting (EPPA). The new updated postings are required to be posted in every state, so employers in all 50 states will need to update their existing labor law posters.


State Labor Law Posting Updates
From January to August, 2016, 18 states have updated their labor law postings:

January, 2016 - Michigan has updated its minimum wage to $8.50 per hour, effective January 1, 2016.
January, 2016 - Kentucky has updated its Occupational Safety and Health posting.
January, 2016 - Maine has updated its Occupational Safety and Health posting. The new posting is required ONLY for public sector employees.
January, 2016 - Rhode Island has increased its minimum wage to $9.60 per hour.
January, 2016 - Colorado has increased its minimum wage to $8.31 per hour.
January 1, 2016 - San Francisco has updated its HSCO posting effective January 1, 2016.
January, 2016 - California has updated its Workers Compensation Posting.
January, 2016 - Massachusetts has increased its minimum wage to $10.00 per hour effective January, 2016, and also added new information to its minimum wage posting regarding non-discrimination, equal pay, and no retaliation laws.
March, 2016 - Louisiana has updated its Earned Income Credit posting.
March, 2016 - Virginia has updated its Occupational Safety and Health posting.
March, 2016 - Wyoming has updated its Occupational Safety and Health posting.
April, 2016 - Texas has updated its Discrimination posting.
April, 2016 - California has a new Pregnancy Disability Leave posting.
May, 2016 - Wisconsin has updated its Unemployment Benefits posting.
May, 2016 - West Virginia has a new Pregnant Workers Fairness Act posting.
May, 2016 - Illinois has updated its Public Sector OSHA posting. (This update is only required for public sector companies.)
June, 2016 - Missouri has released an updated Child Labor posting.
July, 2016 - San Francisco has increased the city minimum wage to $13.00 per hour effective July 1, 2016.
July, 2016 - South Carolina has updated its Unemployment Insurance posting.
July, 2016 - Oregon has increased its minimum wage to $9.75 per hour effective July 1, 2016.
July, 2016 - Wisconsin has a new Bone Marrow and Organ Transplantation Leave posting. (The posting applies only to employers with 50 or more employees.)
July, 2016 -Georgia has updated its Workers Compensation Bill of Rights.
August, 2016 - Effective August 1, 2016, Minnesota has increased its minimum wage to $9.50/hr. for large employers, and $7.75/hr. for small employers.
August, 2016 - Virginia has updated its state-level Occupational Safety and Health posting.