Minimum Wage Wage and Hour

News & Analysis as of

Don’t Be Stingy With Tip Credit Notification...

This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more

Tips Cannot Be Used to Satisfy Minimum Wage Requirement for Non-Tipped Work

The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of...more

Restaurant Chain Must Allow Employees to Wear Union Buttons

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

Nevada Supreme Court Weighs in Again on the Nevada Constitution’s Minimum Wage Amendment

On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues...more

Cheerio! Influence on the U.S. Gig Economy from Across the Pond?

Many point to the Brexit movement as a sign that Donald Trump’s White House victory should have not been a surprise. Will a potential movement afoot in the United Kingdom be a precursor of things to come in the gig economy...more

Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California Court of Appeals’ recent ruling in Vaquero, et al. v. Stoneledge...more

BREAKING: Connecticut Supreme Court Rules Restaurant Cannot Apply Tip Credit to Pizza Delivery Drivers

The Connecticut Supreme Court, in a unanimous decision that will be officially released April 4, 2017, has ruled that employers may not use the “tip credit” for pizza delivery drivers and therefore, the employees must be paid...more

Arizona Supreme Court Upholds Prop 206: Sick Leave Policies Impacted

On March 14, 2017, the Arizona Supreme Court unanimously rejected a challenge by an employer-backed group to Proposition 206. Yes, this means there is no further question about the $10/hour minimum wage. Most companies have...more

EMPLOYMENT LAW UPDATE: New York Employers: On January 1st, Did You Increase Your Minimum Wage?

See New York General Minimum Wage Rate Schedule for more information....more

Four Compliance Items Connecticut Employers Can Check Now

It’s a challenge for employers to keep up with changes to employment laws. What’s the current status? What do I need to change? So, here are four quick things you can look at right now to ensure that you are up to...more

Arizona State Minimum Wage and Paid Sick Leave Requirements Survive Legal Challenge

Arizona's top court rejected a challenge by the Arizona Chamber of Commerce and other business groups to overturn Proposition 206, which implemented a higher minimum wage and paid sick time accrual requirements. ...more

Arizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court Affirms

In a much-anticipated decision, the Arizona Supreme Court has unanimously ruled to uphold Proposition 206, the November 2016 ballot initiative that increases the Arizona minimum wage and requires employers in the state to...more

The Prop 206 Saga Continues: Arizona Supreme Court Unanimously Rejects Constitutional Challenge

Last December, I wrote about a lawsuit before the Arizona Supreme Court challenging Proposition 206, the minimum wage and paid sick time referendum that instantly raised the Arizona minimum wage to $10 per hour and created a...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

Paying Most Sales Employees Purely on Draw and Commission No Longer Lawful In California

Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay...more

Wage and Hour Changes for NYS Employers, plus a New Form I-9

Salary Thresholds for Exempt Employees Increased for NY Employers - Although the increase in the minimum salary required for employees to be exempt from overtime pay under federal law has been put on hold by a federal...more

Alaska Legislative Round-Up: Employment-Related Bills Introduced in the 2017-2018 Session

Although Alaska’s 30th Legislative Session is once again primarily focused on addressing our state’s current budget deficit, several bills have been proposed that, if enacted into law, would impact Alaska’s employers. Some of...more

Employers note - Changes ahead in New Zealand

In this update, we signal the changes to employment laws in New Zealand taking place next month that employers need to be aware of. We also look at the new private members bill that might allow an employer to restrict its...more

2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care”...more

California Court of Appeal Expands Law on Separate Rest Break Payments

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

Employment Law Navigator – Week in Review: March 2017

Last week, sexual harassment and sex discrimination received significant media attention. The Washington Post revealed statements made by 250 current and former employees of Sterling Jewelers, parent company to Kay Jewelers...more

The St. Louis Minimum Wage Returns From the Dead

On August 28, 2015, the City of St. Louis passed an ordinance raising the minimum wage to $11.00 per hour by January 1, 2018. The ordinance initially increased the minimum wage to $8.25 per hour with an October 15, 2015...more

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules

A unanimous Missouri Supreme Court has upheld St. Louis City’s local minimum wage ordinance, reversing a trial court judgment that had enjoined and invalidated the ordinance in 2015. Cooperative Home Care, Inc. v. City of St....more

What not to do in wage and hour investigations

Last month the Tenth Circuit Court of Appeals upheld a $2.1 million dollar judgment entered against a Tulsa restaurant for Fair Labor Standards Act (FLSA) overtime and minimum wage violations. If you ever wanted a guide on...more

Missouri Supreme Court Upholds St. Louis Minimum Wage Ordinance

In a surprise development, on February 28, 2017, the Missouri Supreme Court upheld a minimum wage hike by the City of St. Louis. Cooperative Home Care, Inc., et al. v. City of St. Louis, Missouri. On August 28, 2015, St....more

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