New York has recently amended its voting leave law to make it easier for all employees to take time off to vote. Effective immediately, all employers in New York must provide employees who are registered to vote with “up to three hours” of paid time off at the beginning or end of a work shift to vote.
Starting the new year with a gift to employers, the National Labor Relations Board (“NLRB”) issued a decision overturning its prior, controversial standard for reviewing employee handbooks and policies.
Overturning more than 30 years of precedent, the NLRB recently set forth a new standard for a finding of “joint employment,” which could dramatically affect any business using contract/temporary labor or in a franchisor/franchisee relationship. See Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015).
One of the most common questions we get as employment attorneys is: “Is an employee in [insert job title] exempt or do I have to pay overtime?” Alternatively, sometimes we get asked, “If I pay an employee a salary, doesn’t that make that employee exempt?”
As you have may have experienced firsthand, our initial (and understandably frustrating) answer is often: “It depends.”