Minimum Wage

Best Practices in Employment Law 2013: An Update for Executives, Managers, Business Owners and Human Resources Professionals

by Shumaker, Loop & Kendrick, LLP on 5/21/2013

In This Presentation: - DEFENDING AGAINST WORKERS’ COMPENSATION RETALIATION CLAIMS - EXEMPT/NON-EXEMPT CLASSIFICATION ISSUES UNDER FLSA - AGE DISCRIMINATION OVERVIEW - THE GOOD, THE BAD, AND THE UGLY IN...more

Fenwick Employment Brief - May 2013: Unreimbursed Expense May Result in Minimum Wage Violation, But Not a Labor Code § 450 Private...

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/16/2013

In Sanchez v. Aerogroup, the plaintiff alleged that as a condition of her employment she was required to purchase at least eight pairs of shoes from her employer without reimbursement. She asserted violations of both minimum...more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

California Piece-Rate Employees Entitled To Compensation For Each Hour Worked

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Gonzalez v. Downtown LA Motors, No. B235292 (April 2, 2013): A California Court of Appeal recently held that automobile service technicians who were paid on a “piece-rate” basis should have been paid their minimum hourly wage...more

New York's Minimum Wage To Rise to $9 Per Hour over the Next Three Years

by Joshua Alloy, Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 4/30/2013

Late last month, Governor Andrew Cuomo signed into law new legislation that, among other things, will raise New York's minimum wage to $9 per hour over the next three years. The minimum wage – both in NY and under federal...more

San Jose Minimum Wage is Now $10.00 Per Hour

by Betsy Johnson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose...more

Fast Food And Retail Workers Strike In Chicago

by Neil S. Goldsmith | Franczek Radelet P.C. on 4/24/2013

Hundreds of fast food and retail workers will be striking in downtown Chicago today in an effort to push for higher wages as part of the “Fight for $15” campaign. This comes just weeks after fast food workers in New York...more

You Never Heard Of The "Training Wage"?! (Updated 04/19/13)

by John E. Thompson | Fisher & Phillips LLP on 4/19/2013

Pressure continues to mount for raising the federal Fair Labor Standards Act's minimum wage in three stages from the current $7.25 per hour to (so far) $10.10 per hour. Under pending proposals, the rate would thereafter be...more

Fenwick Employment Brief - April 2013

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/16/2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

California Chamber of Commerce Releases Its 2013 List of “Job Killer” Bills

by Anthony Oncidi, Mira Serrill-Robins | Proskauer - California Employment Law on 4/12/2013

The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly...more

N.Y. Minimum Wage Changes Ahead

by Lisa Lewis | Sheppard Mullin Richter & Hampton LLP on 4/11/2013

On Friday, March 29th, New York State passed the 2013-14 budget. The budget includes, among other things, a significant increase to the state’s minimum wage over the next two years. Pursuant to the budget, on December 31,...more

Employers must pay for all hours worked, and cannot average total compensation over total hours worked in pay period

by Hartnett, Smith & Paetkau on 4/10/2013

The LA-based appellate court held that California’s minimum wage law requires an employer that compensates its automotive service technicians on a “piece-rate” basis for repair work to also pay the technicians a separate...more

Make Sure Your Firm is Poster Compliant for 2013

by Messer & Caparello, P.A. on 4/9/2013

It is still first quarter, and it is a good time for Florida businesses to make sure they are ready to comply with the federal and state statutory workplace posting requirements for 2013....more

Under The Dome: Inside The Maine State House 4-5-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 4/5/2013

This week, Governor LePage vetoed two bills: LD 49, An Act to Amend the Laws Governing Payment of Fees to Registers of Deeds, and LD 272, An Act to Reduce Youth Cancer Risk. These were the first vetoes of the 126th...more

Will Changes to Minimum Wage Affect Your Pay?

by Janet Raasch | Lawyers.com on 4/3/2013

During the recession, many middle-wage jobs were lost and replaced with lower-paid work. Many of these jobs pay the minimum wage, which is set at $7.25 an hour by federal law....more

New York Increases Its Minimum Wage

by Michael Schmidt | Cozen O'Connor on 4/2/2013

On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years. The New York minimum wage had been the same as the federal level...more

What’s New at the General Assembly? Anti-Employer Bills, Says CBIA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/2/2013

There’s been little press over what is going on at the Connecticut General Assembly this spring. ...more

Under The Dome: Inside The Maine State House 3-29-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 4/1/2013

In This Issue: - Appropriations Committee Continues to Hear Biennial Budget - Governor Turns Pension Debate into Call for Action on Hospital Repayment Plan (Ya Mon!) - Legislature Moves Quickly on Bill to Raise...more

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

by Scott T. Silverman | Akerman Senterfitt on 4/1/2013

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

Podcast Shines Light On Latest California Employment News

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 3/29/2013

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

Don’t Rail On Your “F**** Idiot” Employees On The Net

by Travis Crabtree | Looper Reed & McGraw, P.C. on 3/27/2013

No one likes to be sued. It may make you mad enough that you want to scream and holler on the Internet. There is a reason, however, a lot of lawyers recommend not commenting on personnel issues and pending litigation....more

Why Isn't The FLSA Minimum Wage $33 An Hour?

by John E. Thompson | Fisher & Phillips LLP on 3/26/2013

U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act's $7.25-per-hour minimum wage has not already increased over time to the level of $22 an hour. A...more

Second Circuit Rules “Gap Time” Claims Impermissible Under FLSA, Even Where An Employee Worked Overtime

by Michael Ray | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

The Second Circuit Court of Appeals recently addressed “gap time” claims brought by a purported class under the Fair Labor Standards Act (FLSA). Lundy, et al. v. Catholic Health Systems of Long Island, Inc., No. 12-1453...more

"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation

by Julie Dunne, Michele Heverly, Richard Rahm | Littler on 3/25/2013

A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not...more

Second Circuit Rules that the FLSA Does Not Apply to Claims for Gap-Time Pay

by Eric Raphan, Jonathan Sokolowsii | Sheppard Mullin Richter & Hampton LLP on 3/22/2013

In Lundy v. Catholic Health System of Long Island Inc., No. 12-1453 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals, resolving what had previously been an unsettled issue in the Circuit, held that the Fair Labor...more

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