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Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite…
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Dentons | USA | 8 Jan 2020

DOL issues final rule clarifying how to calculate regular rate for overtime pay

The US Department of Labour has announced a final rule (the new rule) that updates several regulations regarding what forms of payment employers can exclude in the time-and-a-half calculation for overtime pay. The new rule clarifies that employers can exclude a range of employee perks and state-mandated payments in calculating overtime under federal law. Employers should review their pay......
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Dentons | USA | 27 Nov 2019

Ten new California laws your business must understand for 2020

The 2019 California legislative year has officially come to a close. Unsurprisingly, there are dozens of new employment laws hitting the books on 1 January 2020 which will introduce a number of changes, including a ban on arbitration, an extension of the Fair Employment and Housing Act (FEHA) statute of limitations and a new bill which amends the definition of 'race' under the FEHA. This......
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Dentons | USA | 25 Oct 2019

Surge of website accessibility suits to continue as Supreme Court declines to review Ninth Circuit decision

The Supreme Court recently denied Domino's Pizza's request to review the Ninth Circuit's decision that Domino's must make its website accessible to persons with visual impairments under the Americans with Disabilities Act. Given that any business with a website may be targeted by website accessibility claims, companies must take preventative measures, including adopting website accessibility......
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Dentons | USA | 9 Oct 2019

DOL finalises updated overtime pay regulations

In the three-year saga over anticipated changes to the minimum salary threshold for overtime exemptions under the Fair Labour Standards Act, the latest – and probably final – development occurred on 24 September 2019, when the US Department of Labour issued its new final rule updating the regulations in this regard. The new regulations will become effective on 1 January 2020. As such,......
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Dentons | USA | 2 Oct 2019

California dreaming, California nightmare – three takeaways from controversial independent contractor bill

Assembly Bill (AB) 5 has finally been signed into law, making it more difficult for California businesses to classify workers as independent contractors. AB 5 codifies and expands the California Supreme Court's holding in Dynamex and applies the 'ABC' test to most independent contractor questions under California employment law. Now that it has been signed into law and its retroactive effect......
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Dentons | USA | 28 Aug 2019

NLRB allows employers to impose arbitration agreements after class/collective action has been filed

The National Labour Relations Board recently issued a decision that expands the Supreme Court's decision in Epic Systems Corp v Lewis and further authorises employers to limit employees' ability to file or opt in to a class or collective action against their employer. In light of the decision, employers may not only require employees to enter an arbitration agreement that requires one-on-one......
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Dentons | USA | 14 Aug 2019

Deadline looms for expanded EEO-1 filings

For US employers with 100 or more employees, extensive new information relating to their prior Equal Employment Opportunity-1 filings must soon be submitted. Specifically, in addition to categorising employees by race or ethnicity, gender and job type, employers must now assemble and submit aggregated employee data regarding compensation and annualised hours worked. Assembling the required......
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Dentons | Canada | 9 Jul 2019

Reference re Environmental Management Act (British Columbia): one step forward for Trans Mountain

A recent British Columbia Court of Appeal decision is significant because it has removed (for now at least) one of the barriers to the development and construction of the Trans Mountain Expansion Project. It has also provided some clarity on the roles that the federal and provincial governments may properly play in the regulation of interprovincial pipelines and, more broadly, in the complex......
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Dentons | USA | 3 Jul 2019

#MeToo following Epic Systems

This article reviews the impact of the #MeToo movement, and other corporate culture concerns, on employers and its connection with the Supreme Court's decision in Epic Systems. There is concern that the court's decision will, in many cases, deprive women and men who have been victims of sexual assault or harassment in the workplace of their right to bring collective or class actions, as Epic......
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Dentons | Canada | 2 Jul 2019

Alberta judge dismisses case against police officers on grounds of reasonable force

A Court of Queen's Bench of Alberta judge recently dismissed a case against police officers and the chief of the Edmonton Police Service in its entirety, concluding that the use of force by the defendants did not exceed what was reasonably necessary for the plaintiff's arrest. The case is significant for the court's analysis of forward-looking infrared video evidence, treatment of a prior......
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