News & Analysis as of

Court Rejects Kentucky Wage-Hour Representative Actions

The Kentucky Wages and Hours Act provides the mechanism for pursuing redress for minimum-wage or overtime violations under that law. KRS 337.385 provides, in pertinent part, that "[s]uch action may be maintained in any court...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

D.C. Wage Theft Prevention Act Imposes New Notice and Recordkeeping Requirements on Employers

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 ("the Act") – which became effective on February 26, 2015 – makes broad changes to D.C.’s wage and hour laws, including the Minimum Wage Revision Act, the...more

Employers Must Prepare Now for Seattle’s New Minimum Wage Rate, Effective April 1

Employers with employees working within the city limits of Seattle must begin complying with Seattle’s Minimum Wage Ordinance on April 1. The new Seattle ordinance will increase the hourly minimum wage for covered employees...more

Who Needs Rules? The DOL Wins Supreme Court Battle In Mortgage Loan Officer Administrator Interpretation vs. Rule Making

When a federal agency deviates significantly in its historic interpretation of a regulation – in this case, doing a complete 180° on whether mortgage loan officers are exempt from overtime under the Fair Labor Standards Act –...more

Cook County Passes Wage Theft Ordinance; Businesses Face Harsh Sanctions For Violations of State And Federal Wage Laws

Effective May 1, 2015, employers in Cook County could face severe consequences for violating state and federal wage and hour laws. In a recent unanimous vote, Cook County Commissioners passed the “Cook County Wage Theft...more

Federal Wage Claims? That's The Easy Part!

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

A Cautionary Note On That "Companionship Services" Rule

As we have previously reported, a federal district court for the District of Columbia recently vacated new U.S. Department of Labor regulations promulgated under the Fair Labor Standards Act, which (1) barred third-party...more

New York Tip Law Update: Subminimum Wage for Tipped Employees Will Increase to $7.50 per Hour on December 31, 2015

On February 24, 2015, New York State Acting Commissioner of Labor Mario J. Musolino issued an order (“Order”) increasing the subminimum cash wage for all tipped workers in the hospitality industry from the current $5.00...more

Department of Labor Seeks to Put New FLSA Regulations for Homecare Workers Back on Track

Last week marked a new battle in the war the U.S. Department of Labor (DOL) has waged against the homecare industry. Appealing two federal court rulings that invalidated new regulations extending minimum wage, overtime and...more

The Tip Credit: Won't Be What It Is Now for New York Employers

On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped...more

New York Department of Labor Increases Minimum Tipped Wages

On February 24, 2015, the Acting Commissioner of the New York State Department of Labor adopted the recommendations set forth by the three-member New York State Department of Labor Wage Board affecting tipped workers in the...more

Uncharted Territory: Seattle’s $15 Minimum Wage Ordinance

The City of Seattle’s Minimum Wage Ordinance is set to take effect April 1, 2015.  When it does, Seattle will have the highest minimum wage in the nation, outpacing larger metropolises like San Francisco and New York City....more

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county...more

The Federal Minimum Wage for Tipped Employees—Is a Raise in Store?

President Obama has made increasing the federal minimum wage a priority for the administration due in no small part to sustained union efforts over the past few years—including “worker center” protests and campaigns aimed at...more

"Tipped Minimum Wage" Nonsense Continues

A recent post appearing on U.S. Labor Department's blog begins, "The federal tipped minimum wage has been $2.13/hour since 1991. That's right - it's been the same for nearly a quarter century." Actually, that's wrong....more

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part I

The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the...more

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

2015 Wage and Hour Law Update for Hospitality Industry Employers in New York

This Employment Law Spotlight blog post highlights important changes to New York’s wage and hour laws covering private employers in the hotel and restaurant industries, not including resort hotels. These changes are already...more

Labor/Employment: New Minimum Wage and Overtime Exemption Thresholds for 2015

Wage and hour issues are a pervasive source of litigation in California and nationwide. To help mitigate this risk, tech industry companies in California need to be aware that certain minimum wage and overtime exemption...more

New York Employment Roundup: January 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of new legislation and judicial opinions. To keep our readers current on the latest happenings, we will share regular summaries of...more

Labor And Employment Law 2014: A Year-End Review

I. New Laws and Regulations - A. Federal - President Obama Signs Executive Orders to Ensure Federal Contractor Compliance with Labor Laws. On July 31, 2014, President Obama signed the Fair Pay and Safe...more

New York Hospitality Industry Wage Board Recommends Increase in Tipped Employee Minimum Wage

On September 15, 2014, the New York State Commissioner of Labor assigned the three-member Hospitality Industry Wage Board (“Wage Board”) with the task of reviewing and making recommendations regarding what changes, if any,...more

The Diminishing Tip Credit: Another Reason it is becoming Harder to Comply with Wage & Hour Laws in New York

Executive Summary: On January 30, 2015, the New York State Department of Labor's ("NYSDOL") Wage Board (the "Wage Board") voted to recommend a fifty percent increase in the minimum hourly rate for tipped workers, from $5.00...more

On the Radar Screen: the Stronger Workplaces for a Stronger Economy Act, 2014

As we reported in a previous blog post that can be found here, the Stronger Workplaces for a Stronger Economy Act, 2014 makes some significant changes to several Ontario statutes.  The legislation received Royal Assent on...more

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