Wage and Hour

News & Analysis as of

April 2015 Independent Contractor Compliance and Misclassification News Update

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

California Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review

Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to...more

Hospitals Are Still In The OFCCP's Crosshairs

On February 12, 2015, U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) underscored its intent to continue to scrutinize hospitals, including nonprofit hospitals. The OFCCP found that Lahey Clinic...more

FLSA Exemption Changes: More On Salaried-Employee Alternatives

Our April 27 post gave an example of how to reduce the financial impact of a previously-exempt employee's becoming subject to the federal Fair Labor Standards Act's overtime requirement. The illustration had to do with the...more

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate...more

CAFA Removal: A Second Bite at the Apple?

Until a couple of years ago, plaintiffs’ attorneys seeking to keep their class actions in state court would frequently stipulate that they would not seek damages in excess of the $5 million CAFA threshold. This practice fell...more

Second Circuit Clarifies That FLSA’s Anti-Retaliation Protection Includes Oral Complaints

Greathouse v. JHS Security Inc., No. 12-4521 (2d Cir. Apr. 20, 2015): The Second Circuit Court of Appeals vacated and remanded the Southern District of New York’s decision dismissing an employee’s wage retaliation claim...more

Wage and Hour Basics Series: Penalties for FLSA Non-Compliance

Periodically this year, we have discussed some of the fundamentals of wage and hour law, starting with a general review of the white collar exemptions. We will continue to periodically review some of the more fundamental...more

California’s On-Duty Meal Period – Not a Waiver of a Meal Period!

Under California law, employees are required to take an off-duty 30-minute meal period before the end of the 5th hour of work. Employees who work less than 6 hours may waive the 30-minute meal period by mutual consent of the...more

Security Screening Time in the Wake of Busk - Retail did you know?

Dear Retail Clients and Friends, In 2014, employees across the United States filed dozens of lawsuits under both the federal Fair Labor Standards Act (FLSA or the Act) and state law alleging that they and the classes of...more

A Win for Employers: Court Denies Class Certification of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have a Rest...

A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment of meal and...more

The Big and Small Implications in Perez v. Mortgage Bankers Association

There are two important takeaways from Perez v. Mortgage Bankers Association, one with a broad scope and the other much narrower. The broader ruling exempts agency interpretations of laws and regulations from any notice and...more

Locke Lord QuickStudy: New Requirements In Massachusetts For Employers Of “Domestic Workers”

On April 1, 2015, a new statute took effect in Massachusetts governing the employment of certain household workers. Known as the “Domestic Workers’ Bill of Rights,” this new law applies many traditional Massachusetts...more

New Massachusetts Minimum Wage Regulations Contain Significant Changes

While the January 2015 increases in the Massachusetts minimum wage for regular and tipped employees have received considerable attention and publicity, the Massachusetts Department of Labor Standards (DLS) also issued new...more

Fenwick Employment Brief - April 2015

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment - Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

Preventing Wage Secrecy in DC: Another Layer to the Regulatory Cake

On March 11, 2015, the District of Columbia's Wage Transparency Act of 2014 (the "Act") took effect.  The Act makes it unlawful for employers to prohibit employees from discussing their wages, and also prohibits employer...more

The 2015 White Paper on Independent Contractor Misclassification: How Companies Can Minimize the Risks

In This Issue: - Introduction - Independent Contractor Misclassification: How It Has Arisen ..The Economic and Business Advantages of Using Independent Contractors ..Lax Enforcement and...more

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this...more

After Second Circuit Decision, Oral Complaint to Employer May Support FLSA Retaliation Claim

Under the federal Fair Labor Standards Act (“FLSA”), it is unlawful “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint … related to” the FLSA. ...more

Week in Review – Taxes, Transportation, and Goat Trails - April 24, 2015 #4

Taxes - The House Republican Omnibus Tax bill (HF848) was released on Monday. The $2 billion tax cut package includes $538 million to pay for a one-time income tax exemption and $450 million to begin phasing-out the...more

Overtime Changes Threaten the Exempt Status of Retail and Hospitality Managers

The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s...more

Reimbursing Employees for Business Expenses: The FLSA Kickback Rule [Wage & Hour FAQs]

Over the last month, Domino’s has been in the news for some of the wrong reasons, with not one but two Fair Labor Standards Act (FLSA) class action lawsuits alleging that two large Domino’s franchisees paid delivery drivers...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Democrats Take their Budget Plan on the Road While Governor Pushes For Constitutional Amendment...more

California Labor Agency Overseeing Paid Sick Leave Law Says Employers Must Use Caution When Asking for Doctors' Notes

In a public webinar recently hosted by the California Department of Industrial Relations regarding California's new paid sick leave law, the state labor agency commented that requiring employees to submit documentation as a...more

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