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Areas of Interest
November 17th, 2020
Uncompensated COVID-19 Safety Protocols Prompt Class Action Wage and Hour Claim
Many employers have implemented COVID-19 safety protocols for their employees based upon various government regulations, orders, and guidance as well as genuine concern for the health and well-being of the employees. But, do those employers have an obligation to compensate their employees for time spent going through the employer’s required COVID-19 safety protocols? One California employer is finding out the hard way.
Last month, a proposed class action was filed against Cytec Engineered Materials, Inc., a chemical manufacturer, in Orange County Superior Court alleging wage and hour violations of the California Labor Code. The plaintiff alleges non-exempt employees were required to: (1) don personal protective equipment, including safety goggles, masks, face shields, and gloves; and, (2) wait in line to be screened for COVID-19 through mandatory temperature checks. Because these allegedly work-related tasks were uncompensated, The plaintiff claims that Cytec failed to pay minimum wages, pay overtime, and issue accurate wage statements because employees were not compensated for time spent on these allegedly work-related COVID-19 protocols.
We will continue to monitor this litigation. If you have any questions about your company’s COVID-19 safety protocols, or compensation and timekeeping policies, please contact Tricia Legittino at (310) 579-9632 or tlegittino@fkks.com, Tiffany Caterina at (310) 579-9620 or tcaterina@fkks.com, Wendy Stryker at (212) 705-4838 or wstryker@fkks.com, or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
FTC Bans Certain Non-Compete Agreements
The Federal Trade Commission (FTC) has approved a new Rule which bans for-profit employers from entering into post-employment, non-compete agreements with employees. By a vote of 3 to 2 the FTC determined that these non-compete agreements constitute “unfair competition” under the FTC Act. The Rule is effective 120 days after it is published in the Federal Register. Here’s what employers and executives need to know. Read more.
April 26 2024
New Ruling from the National Labor Relations Board May Require Significant Handbook Revisions
On August 2, the National Labor Relations Board issued a decision, Stericycle Inc. and Teamsters Local 628, that creates a new legal standard for how the NLRB will evaluate workplace rules and policies to determine if such rules interfere with employees’ protected rights to engage in concerted workplace activity under Section 7 of the National Labor Relations Act. Read more.
August 8 2023
New York Releases New Changes to its Model Sexual Harassment Policy and Training Video
On April 11, 2023, the New York State Department of Labor released updated versions of its sexual harassment model policy and training materials. Read more.
April 17 2023
