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Wage and Hour Cases to Watch at the Supreme Court: Part 1--Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s...more

10/29/2014 - Conciliation DHS DHS v McLean Discrimination EEOC Integrity Staffing v Busk Mach Mining v EEOC SCOTUS Whistleblowers Young v United Parcel Service

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

10/23/2014 - DOL Employee Rights Employer Liability Issues Wage and Hour Wages

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

10/17/2014 - Employee Rights H-1B Immigrants Immigration and Nationality Act Preemption Visas Wage and Hour Wages

IRS Announces Impending Tighter Enforcement of Employer-Provided Meals, Fringe Benefits

Internal Revenue Code § 119 allows employers to deduct 100% of the value of meals provided to employees when they are for the convenience of the employer, and they are furnished on the business premises of the employer. Meals...more

10/15/2014 - Corporate Counsel Employee Benefits Fringe Benefits IRS Wage and Hour Wages

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

10/14/2014 - DOL Employee Rights Exempt-Employees FLSA Over-Time Wage and Hour Wages

Working Two Jobs to Make Ends Meet: Paying Employees Working Exempt and Non-Exempt Jobs

Back in 2012, my colleague Bill Pokorny discussed how to properly pay a non-exempt employee who worked two jobs for an employer. This past week, one of my other colleagues and I were discussing a twist on this situation: what...more

10/7/2014 - Employee Rights Exempt-Employees Non-Exempt Employees Wage and Hour Wages

Department of Labor Sends Final $10.10 Minimum Wage Rule to OMB for Approval

Back in February, we told you about President Obama’s Executive Order 13658 increasing the minimum wage for federal contractor employees. Late last week, the Department of Labor’s Wage & Hour Division (WHD) submitted its...more

9/25/2014 - DOL Federal Contractors Minimum Wage OIRA OMB Wage and Hour Wages

Not Just Minimum Wage: Proposed Paid Sick Leave Laws on the Rise, Too

Earlier this month, we told you about California’s new statewide sick leave law, which Governor Brown subsequently signed. While minimum wage increases seem to be getting the lion’s share of the press right now, proposed paid...more

9/19/2014 - Employee Rights Paid Leave Sick Leave

White-Collar Exemptions: Paying Employees' Wages in Equity, Rather than Cash

The saying goes that “Cash is King.” However, entrepreneurs often quickly learn (sometimes in painful ways) that it is Cash Flow that is really King. Run a quick Google search for “accounts receivable” financing or factoring...more

9/18/2014 - Business Ownership Compensation & Benefits Employer Liability Issues Equity Compensation Financing FLSA Popular Startups Wage and Hour

Second, Third Circuits Tighten FLSA Pleading Standards, Challenge "Barebones" Complaints

Apologies to John Steinbeck, but in some ways, both 2013 and 2014 have been the winters of FLSA plaintiffs’ discontent on the East Coast. Last summer, the Second Circuit (which covers New York, Connecticut, and Vermont)...more

9/12/2014 - FLSA Pleading Standards Pleadings Twombly/Iqbal Pleading Standard

The "Winner" and Other Losers: What "Winning" That Wage & Hour Suit Might Get You

Before the Labor Day holiday, I read on Twitter about the supposed “success” a restaurant had in defending its wage and hour practices at trial. I did a double-take. After reading the Southern District of New York’s opinion...more

9/10/2014 - Employer Liability Issues Restaurant Industry Wage and Hour Wages

Are Employers Required to Provide Holidays or Holiday Premium Pay? [Wage & Hour FAQ]

Just before the Labor Day holiday weekend, a client and reader of the blog asked me an even more fundamental question: do we have to provide employees with time off for holidays, whether with or without pay, or pay employees...more

9/8/2014 - Corporate Counsel Employee Rights Holiday Pay Holidays

California Becomes Second State to Offer Paid Sick Leave

Over the holiday weekend, California became only the second state (after Connecticut, which began granting paid sick leave in 2012 and just passed more tweaks to it) to guarantee at least some annual paid sick leave for most...more

9/4/2014 - Employee Rights Paid Leave Popular Sick Leave

Under the FLSA, a Day Late is a Dollar Short [Wage & Hour FAQ]

From time to time, we hear from employers that ask us about the consequence of delaying payroll because of cash flow. The situation is one that I faced over the years in startup businesses, and even a few established ones:...more

8/29/2014 - Employer Liability Issues FLSA Startups Wage and Hour

Good Things Come To Those Who Document Good Wage & Hour Practices

We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...more

8/28/2014 - Compliance Employer Liability Issues Over-Time Unpaid Overtime Wage and Hour Wages

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

8/15/2014 - Compliance DOL Employee Rights Employer Liability Issues FLSA H-1B Termination USCIS

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

8/14/2014 - Canning v NLRB Drug & Alcohol Abuse Employee Rights Enforcement Enforcement Actions Investigations NLRA NLRB Weingarten Rights

Illinois Becomes Latest State to Crack Down on Pay Card Abuses

Last week, Illinois Governor Pat Quinn signed House Bill 5622, which amended the Illinois Wage Payment and Collection Act (IWPCA) to explicitly provide employers with the option of paying employees through a payroll card, but...more

8/13/2014 - Compliance Payroll Cards Wage and Hour Wages

Are You Secretly Running a Construction Business? State Law Says You Might Be!

Late last month, I spoke at a regional meeting of the Wireless Internet Service Providers Association, and many of the WISPs in attendance were surprised to learn that not only were they in the Internet service business, but...more

8/8/2014 - Classification Construction Contracts Contractors Corporate Counsel Misclassification Subcontractors Wireless Industry Wireless Internet Service Providers

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors....more

8/6/2014 - DOL FLSA Over-Time Per Diem Wage and Hour Wages

Department of Labor Brief Provides More Guidance on Interns

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. On the other hand, private...more

7/30/2014 - DOL Employer Liability Issues Entertainment Industry FLSA Fox Searchlight Pictures Internships Non-Profits Public Entities Unpaid Interns Wage and Hour

Captain Obvious Issues Most Obvious FLSA Decision of 2014 (So Far...)

If you have been anywhere near a TV or radio over the past few months, you have probably seen or heard the ads for Hotels.com featuring Captain Obvious. If you’re from the Midwest, and Indiana in particular, it has probably...more

7/25/2014 - Corporate Counsel Employer Liability Issues Exempt-Employees FLSA Fluctuating Workweek Hospitality Industry Hotels.com Non-Exempt Employees Wage and Hour

Defense Appropriations "Wage Theft" Amendment May Bar Employers with FLSA Violations from Defense Contracts

Late last month, the Senate referred the Fiscal Year 2015 Defense Appropriations Act to the Senate Committee on Appropriations for consideration. The House of Representatives passed its version (H.R. 4870) on June 20 with...more

7/23/2014 - Appropriation Defense Contracts Federal Contractors FLSA Wage Theft

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

7/18/2014 - Appeals DOT Employer Liability Issues FAAAA FMCSA Motor Carrier Act Rest and Meal Break Trucking Industry Wage and Hour

White House Lays Out Flexible Workplace Blueprint for Private Sector

For the pay period that included July 4th, we discussed how to address holiday pay for employees with alternative work schedules. This post was particularly timely given that the week before, in the run-up to the July 4th...more

7/17/2014 - Barack Obama EEOC Employer Liability Issues Flexible Work Arrangements Holiday Pay Work Schedules

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