News & Analysis as of

Minimum Wage

Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices

by PilieroMazza PLLC on

In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage,...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Arizona Supreme Court Rejects Challenge to Proposition 206

by Stinson Leonard Street on

On August 2, 2017, the Arizona Supreme Court released its written opinion rejecting the Arizona Chamber of Commerce and other business groups’ challenge to Proposition 206, also known as The Fair Wages and Healthy Families...more

Hair Today, Gone Tomorrow: Seventh Circuit Rejects Claim That Cosmetology Trainees Were Employees

by Jackson Lewis P.C. on

Former cosmetology students are not employees entitled to pay under the FLSA and various state laws, the Seventh Circuit holds, rejecting the Department of Labor’s six-factor test but declining to adopt any bright-line test....more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

by Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

St. Louis Minimum Wage Out, Statewide Preemption In (Eff. 8/28/17)

by Messner Reeves LLP on

Local minimum wage ordinances in Missouri will become invalid on August 28, 2017, when House Bill 1194, which bans local minimum wage ordinances, becomes law. Importantly, this change in law affects both the St. Louis...more

Emeryville, California Adopts Rules Implementing Its Minimum Wage, Paid Sick Leave, and Hospitality Service Charge Ordinance

by Littler on

A little over two years after Emeryville, California’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance took effect on July 2, 2015, the City Manager adopted implementing regulations. In many respects,...more

Brief Answers To Frequently Asked Employment- Related Questions

by Payne & Fears on

With potential deregulation at the federal level and variance among the states, keeping up with employment law can be challenging. Here are some brief answers to employment-related questions frequently asked by corporate...more

Hear No Unreported Time, See No Unreported Time - Examining The Role Of Employer Policies In Off-The-Clock Claims

by Fisher Phillips on

Some courts have read a safeguard into federal wage and hour law that can protect employers from liability for working-off-the-clock claims, believing you should not be responsible for unpaid overtime or minimum wage if you...more

Wage and Hour Update: DOL Proposes Changes to FLSA Tip-Pooling Rule

On July 20, 2017, the U.S. Department of Labor (“DOL”) announced that in August it plans to propose rescinding current restrictions on tip-pooling by employers who pay tipped employees the full minimum wage directly. Under...more

New York Appellate Court Sides Against The Second Circuit And Holds Class Action Waivers Violate The NLRA

by Carlton Fields on

Plaintiffs, former insurance agents for defendants New York Life Insurance Company and its related companies, brought a putative class action seeking recovery for allegedly illegal wage deductions and violations of overtime...more

You’re now an employer… what Startups need to know about Job Descriptions (part 2)

by Bryan Cave on

This three-part series highlights the steps startups should take before hiring their first employee. In this Part Two, we’re diving into the drafting of job descriptions and their use in determining whether a position should...more

Are You Sure You Want to Expand? Myriad State and Local Employment Laws Cause Numerous Headaches for Employers

“Arizona’s New Paid Sick Leave Law Goes into Effect in July.” “San Francisco Passes ‘Lactation in the Workplace’ Ordinance.” Headlines such as these flood the email of human resources professionals and employment lawyers. As...more

Workplace Wrap: Autumn/Winter 2017

by K&L Gates LLP on

Workplace Wrap is our magazine covering the core areas of Australian workplace law: industrial relations, employment, equal employment opportunity and workplace health and safety. Workplace Wrap articles condense some of...more

WPI State of the States: Statehouses Continue to Release Summer Blockbusters

by Littler on

Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more

DOL Halts Enforcement of Tip Pooling Rules

In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more

WPI Wage Watch: Minimum Wage and Overtime Updates (July Edition)

by Littler on

It’s summertime, but the living is anything but easy for employers trying to track minimum wage and overtime developments. The U.S. Department of Labor is defending legal challenges to various rules the Obama administration...more

Minneapolis Minimum Wage To Reach $15 An Hour By 2024

by Jackson Lewis P.C. on

All employers in Minneapolis, Minnesota, must pay their employees at least $15.00 an hour by July 1, 2024, under a minimum wage ordinance approved by the Minneapolis City Council on June 30, 2017. The ordinance applies to...more

Christie Vetoes Expansion of New Jersey Family Leave & Increased Minimum Wage

by Genova Burns LLC on

On July 21, 2017, New Jersey Governor Chris Christie conditionally vetoed two bills that would have expanded New Jersey’s pioneering paid Family Leave Act and raised minimum wage for certain transportation center service...more

DOL Announces Intent to Rescind Rule Restricting the Allocation of Gratuities to Non-Tipped Employees When the Employer Does Not...

by Littler on

Restaurants, hotels, and other businesses that employ tipped workers have long wrestled with a seemingly simple, but actually intractable, question: who is entitled to receive a share of a guest’s gratuities? If an employer...more

Employers’ right to keep employee tips

by McAfee & Taft on

A recent decision by the federal appeals court that covers Oklahoma ruled that employers are not required to share customer tips with employees who are already receiving wages at or above the minimum wage amount....more

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws...more

US Department Of Labor Announces Intention To Repeal Tip-Pooling Regulation

by Cole Schotz on

As set forth in its July 20, 2017 Regulatory Agenda, the United States Department of Labor (“USDOL”) has announced its intention to rescind the controversial 2011 regulation enacted by the Obama Administration (the “2011...more

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