In Perthuis v. Baylor Miraca Genetics Laboratories, LLC, the Supreme Court of Texas held that in the absence of specific language setting forth the terms of payment in a commission agreement, the procuring-cause doctrine controls. The procuring-cause doctrine says an employee will be entitled to a commission on sales, even after his or her employment is terminated, if the employee is the proximate and but-for cause of the specific sales.
CA Minimum Wage to Increase
Recently, California Governor Gavin Newsom announced that the state minimum wage will increase to $15.50 for all employees, effective January 1, 2023. Previously, California had set different minimum wages for employers for smaller employers and those with 26+ employees. Now, the new minimum wage will be the same for all employers, regardless of size. This increase is based on Labor Code amendments made in 2016, which mandated a gradual increase in the state’s minimum wages.
Court Confirms When Clock Begins for Right To Sue
In Paniconi v. Abington Hospital – Jefferson Health, a Pennsylvania federal judge ruled that the 90-day clock for workers to file a discrimination suit starts ticking when they are emailed a right-to-sue letter from the U.S. Equal Employment Opportunity.
USCIS E-Verify Notice
Per USCIS: “E-Verify is excited to announce the release of an updated and improved Further Action Notice and Referral Date Confirmation. These system-generated documents instruct employers and employees if an E-Verify Tentative Nonconfirmation (Mismatch) case result is issued. “
TN Expands Employers Required to Use E-Verify
As of January 1, 2023, Tennessee will require all private employers with at least 35 employees to use E-Verify and maintain E-Verify case results.
IL Amends One Day Rest Law
On May 13, 2022, Governor J.B. Pritzker signed into law Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act (ODRISA). The amendments include an additional meal period, day of rest, notice requirements, and increase of civil penalties for violations of, the Act. The amendments become effective on January 1, 2023.
- Employees will receive 20-minute meal breaks for every additional 4.5 continuous hours worked beyond the first 7.5 continuous hours;
- ODRISA currently requires that employers provide employees with at least 24 consecutive hours of rest during “every calendar week,” in addition to the regular period of rest allowed at the close of each working day. The amendment changes “calendar week” to “consecutive seven-day period,” thereby requiring subsequent days of rest no more than 7 days apart, regardless of the calendar week(s) in which those days fall.
- For employers with fewer than 25 employees, the civil penalty for a violation of the meal period requirement may be as high as $500 per offense — $250 to the Department of Labor and $250 to the affected employee. For larger employers, the penalty may be as high as $1,000 per offense, with $500 going to the Department of Labor and $500 to the affected employee.
- Employers must post a notice summarizing the requirements of the Act and information pertaining to the filing of a complaint
Written by: Gordon M. Berger, Partner