News & Analysis as of

Minimum Wage Wage and Hour

Reflections Upon USDOL "Tip Retention" Enforcement

by Fisher Phillips on

We recently wrote about two federal appellate decisions holding that tipped employees for whom no federal Fair Labor Standards Act Section 3(m) "tip credit" has been taken, and to whom all FLSA minimum wages and overtime...more

Tip-Pooling Restrictions Slated To Be Rescinded, Labor Department Announces

by Fisher Phillips on

The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a...more

Federal Agencies Scale Back Their Workplace Regulatory Ambitions

by Littler on

During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President...more

Department Of Labor To Rescind 2011 Tip Pooling Regulation

by Jackson Lewis P.C. on

Yesterday the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory...more

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

by Carlton Fields on

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

by Fisher Phillips on

A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

UK: The Biggest Shake Up of Employment Law in a Generation?

by Littler on

On July 11, 2017, the UK government published the Review of Modern Working Practices. The report was issued by Matthew Taylor, chief executive of the Royal Society of Arts and a former policy chief to Tony Blair. Current...more

Money for Nothing! Court Allows Employees to Pursue Lawsuit Despite DOL Settlement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

The Tenth Circuit Takes the DOL Tipping Rule Off the Menu

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district courts in holding that...more

Endless Summer: California Municipalities Continue to Enact A Variety of Employment Laws

by Littler on

Beyond the labor and employment developments taking place at the state level in California, employers must keep an eye on breaking news at the local level as well. In recent years, municipalities up and down the coast have...more

$15 Minimum Wage Passes Minneapolis City Council

by Stinson Leonard Street on

Last week, Minneapolis’ city council passed a minimum wage bill, raising the minimum wage to $15 for nearly all employees through a phase-in process, which will be complete in 2022 for large businesses and 2024 for small...more

It’s Not a Dream: Mid-Summer Employment Law Changes Effective in California Cities

by Davis Wright Tremaine LLP on

On July 1, 2017, the minimum wage increased in nine California cities, and San Francisco’s Parental Leave Ordinance became applicable to more employers. Employers affected by these changes should be sure they are in...more

Equal Pay, the Oregon Way

by Garvey Schubert Barer on

Even as Oregon’s minimum wage jumps by $1.50 in the Portland metro area (fifty cents elsewhere in Oregon), the 2017 Legislature has passed two more worker-friendly bills dealing with equal pay and predictable work schedules....more

WPI State of the States: State Legislatures and Governors Turn Up the Heat

by Littler on

As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more

Tenth Circuit Rules Employer That Pays More Than Minimum Wage Does Not Have to Share Customers' Tips With Employees

by FordHarrison on

On June 30, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled in Marlow v. The New Food Guy, Inc. d/b/a Relish Catering (Relish) that neither the Fair Labor Standards Act (FLSA) nor a Department of Labor (DOL)...more

Did You Miss It? Minimum Wage Increases Effective July 1st

by Ervin Cohen & Jessup LLP on

A number of California municipalities raised their minimum wages on July 1, 2017. Employers should take care to note these changes because the pace of minimum wage increases in these locations will outstrip increases in the...more

Do California's July 1 Minimum Wage Changes Affect You?

by BakerHostetler on

Is your business affected by a July 1, 2017, minimum wage increase? On July 1, 2017, if your business is located in or has employees (“EEs”) who work as little as two hours within one of the following areas, you may be...more

City of St. Louis Employers May Roll Back Their Minimum Wage to $7.70, Effective August 28, 2017

On Friday, June 30, 2017, Missouri Governor Eric Greitens announced that he would take no action with respect to HB 1194, which had been passed by the Missouri General Assembly and delivered to him in May. Broadly speaking,...more

Wage Watch: Minimum Wage & Overtime Updates (June Edition)

by Littler on

Summer is upon us and the heat – from both a temperature and legislative perspective – is on. As employers across the county await action from federal labor officials concerning the currently-enjoined white collar salary...more

USDOL Submits Arguments In Salary Appeal

by Fisher Phillips on

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...more

Reminder to California Employers: A Number of Changes Take Effect on July 1

by Epstein Becker & Green on

Employers doing business in California are reminded that a number of laws will take effect in California on July 1, 2017, that will impact a wide range of employment practices, from background checks to minimum wage to paid...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

State Budget Down to the Wire - At publication time on this last day of June 2017, the Maine Legislature had yet to enact a budget for the biennium that starts at midnight tonight. Last week, the Legislature was presented...more

Will Minimum Wage Hikes Kill Restaurant Jobs?

by Lewitt Hackman on

In 1981 “Video Killed the Radio Star” was the first music video MTV broadcast in the United States. The song was actually written a couple of years earlier, appeared on an album entitled The Age of Plastic by the Buggles, and...more

Minimum Wage Hike for Cook County Employers Effective July 1, 2017

by Clark Hill PLC on

On October 26, 2016, the Cook County Board of Commissioners passed the Cook County Minimum Wage Ordinance (the "Ordinance"). Recently, the Cook County Commission on Human Rights also issued final interpretive and procedural...more

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