Wage and Hour

News & Analysis as of

Holiday Pay – The Case Continues

In the latest in a long-running series of cases on holiday pay, the Employment Tribunal has handed down its first judgment in Lock v British Gas Trading Limited....more

"Sharing Economy" Jobs Share Same Independent Contractor Issues as "Regular Economy"

A CNN op-ed piece caught my eye recently as it discussed some of the difficulties the so-called millennial generation is having in Silicon Valley and elsewhere when it comes to finding gainful employment. It paints a very...more

New Law Targets Employers Who Contract for Labor

Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more

Minnesota Weekly Legislative Update: 03/2015

Today marks the end of the second deadline week at the Capitol. Non-finance bills which have not been heard in all required House and Senate policy committees by midnight tonight may not be acted upon. ...more

Still Waiting for Those New Proposed FLSA Overtime Regulations

You may recall that over a year ago, President Obama directed the Secretary of Labor to “modernize and streamline” the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the “white...more

Everything Must Go? Dealership's Service Advisors Not Exempt from Overtime

Classifying employees as exempt or non-exempt can prove to be an arduous task for some employers. For others, however, the classification is easy, particularly where the state or federal authorities expressly spell out the...more

Week in Review - March 2015 #4

House Republican Budget - The budget outline House GOP leaders released Tuesday proposes $2 billion in tax cuts as part of their two-year budget plan. It also spends nearly $40 billion, excluding their recently...more

Holiday pay decision in Lock v British Gas commission case

Kate Hodgkiss, a Partner in our Edinburgh office comments: The employment tribunal has handed down its decision in Lock v British Gas, one of the on-going holiday pay cases, this one concerning commission. Unfortunately the...more

Exempt or Not? Service Advisors

The Fair Labor Standards Act (“FLSA”) requires payment of a minimum hourly wage and overtime, unless an employee fits within one of many exemptions. In some parts of the United States, courts had ruled that automobile service...more

Top franchise matters of 2014

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

Ninth Circuit Holds Service Advisors Non-Exempt Under FLSA Dealership "Salesman" Exemption; Section 7(i) Exemption Is Still...

The Ninth Circuit U.S. Court of Appeals (with jurisdiction over the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has ruled in Navarro v. Encino Motorcars, LLC that Service...more

Appellate Court Decision Changes Rules on Healthcare Worker Meal Period

Gerard v. Orange Coast Memorial Medical Center - Court of Appeal, Fourth Appellate District (February 10, 2015) - A statute requires two meal periods for shifts longer than 12 hours. But an order of the...more

New York State Supreme Court Finds 24-Hour Home Care Attendants Must be Paid for Sleep and Meal Periods

The New York State Department of Labor ("NY DOL") has consistently enforced the New York Labor Law ("NYLL") as permitting third-party employers of 24-hour home care attendants to pay their employees for 13 hours of a 24-hour...more

FLSA Claims Were Properly Dismissed At Pleadings Stage

Greg Landers, who was employed as a cable services installer, brought suit individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him and the other employees minimum and overtime...more

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

New Prevailing Wage Law in West Virginia

This month, West Virginia Governor Earl Ray Tomlin signed Senate Bill 361, which significantly adjusts the state’s calculation of prevailing wages to establish an amount more reflective of actual earnings in regions across...more

Labor & Employment E-Note - March 2015

In This E-Note: - Expanding Eligibility: Is Your FMLA Policy Ripe for Misinterpretation? - New Year’s Resolution Continued: The Multi-State Non-Compete Agreement - The Corporate Board: The False Claims...more

2015 Check-In — Have you updated your policies and documents?

Earlier this year, we posted a checklist outlining key issues and action items for compliance in 2015. With the first quarter coming to a close, we want to remind you of a few important items from that checklist that required...more

DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities

Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony...more

Uber, Lyft Decisions Highlight Difficulty of Classifying Workers in the Modern Economy

“The test the California courts have developed over the 20th Century for classifying workers isn’t very helpful in addressing . . . 21st Century problem[s].” So concluded the court in Cotter v. Lyft, Inc., one of two...more

U.S. Supreme Court Weighs in on Labor Department’s Interpretation of Overtime Rules for Mortgage Loan Officers

We know that many of you are aware of the U.S. Supreme Court's decision in Perez v. Mortgage Bankers Association. The Court held that the U.S. Department of Labor was not required to follow notice and comment procedures in...more

Reconciling Family and Professional Obligations: What Should an Employer Do?

The Commission des relations du travail (CNT) confirmed in Dannie Bouchard c. 9180-6166 Québec inc. Honda de la Capitale, a decision rendered on January 20, 2015, that employers are not obligated to modify an employee’s work...more

New Labor Code Amendments Have Immediate Impact Upon CA Parkowners

Many CA Parkowners employ 1-2 employees, some full time and some part time. Some parkowners also employ family members as well. The CA Law on Paid Sick Leave has now changed, effective January 1, 2015, to require that all...more

Health Care Employees Should Not Have Been Permitted To Waive Their Second Meal Periods

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one...more

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

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