Wage and Hour

News & Analysis as of

Checklist for Employers to Comply with New California Laws

Employers should take action to ensure compliance with new employment laws that take effect January 1, 2015. In September 2014, California Governor Jerry Brown signed more than 300 new laws, many of which may require...more

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

Beware! The Little Things Will Make A Big Difference In Court's Assessment Of Whether Individuals Are Independent Contractors

The United States Court of Appeals for the Seventh Circuit currently has a series of appeals pending before it relating to Fed Ex's alleged misclassification of its drivers, including drivers in Kansas, as independent...more

California District Court Finds that CAFA’s Amount-in-Controversy Requirement was Satisfied; Denies Motion to Remand

The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...more

San Francisco Enacts Retail Workers Bill of Rights

Some retailers in San Francisco will need to set work schedules two weeks in advance or face stiff penalties under a new law that goes into effect in 2015. San Francisco’s recently enacted Retail Workers Bill of Rights will...more

FMLA FAQ: Is An Employer Required to Pay a Prorated Amount of Annual Bonus after Employee Takes FMLA Leave?

It’s the end of the year. And with the end of the year comes questions from my clients about whether they need to account for an employee’s FMLA leave when doling out year-end bonuses. In other words, is an employer...more

Is Your Company Properly Classifying its Workforce?

As the end of the year quickly approaches, it may be time to sit down and evaluate the classification of your company’s workers. If you determine a certain class or classes of workers may be misclassified as independent...more

Do Employers Have to Pay For All Time Worked? [Video]

Phoenix business law firm Jaburg Wilk Employment lawyer Kraig Marton discusses various employment law topics. For more information visit www.jaburgwilk.com....more

U.S. Supreme Court: Antitheft Security Screening Not Part of the Job for FLSA Compensation Purposes

Employers across the country are breathing a sigh of relief following the December 9, 2014 unanimous ruling of the U.S. Supreme Court that time spent by warehouse workers waiting for and undergoing antitheft security...more

Adventures in Rounding: What if the "Rounding" Doesn't Happen at the Time Clock? [Wage & Hour FAQ]

This past spring, I discussed rounding time clock punches (usually automatically with a time clock system) at the beginning and end of a shift. To recap briefly, rounding is the practice of adjusting time clock punch times...more

2015 Hot Topics for Multinational Companies

As we enter the New Year, Littler's international practice has identified a number of key employment and labor law issues for multinational companies (MNCs). The past year has brought to the fore some challenging issues...more

San Francisco Board of Supervisors Continues to Reshape Working Environment for Low-Wage and Part-Time Workers; Becomes First...

Just before the Thanksgiving break, as retailers were gearing up for “Black Friday,” “Cyber Monday,” and the newly-minted “Gray Thursday,” the San Francisco’s Board of Supervisors unanimously approved two new ordinances...more

San Francisco’s Retail Workers Bill of Rights Has Passed: Are you ready?

Operative July 3, 2015, companies located in San Francisco who are “Formula Retail Establishments” must comply with additional wage and hour requirements under the Retail Workers Bill of Rights (a combination of two...more

Reminder: New York Minimum Wage Will Increase on December 31, 2014

The minimum wage for employees in New York will increase from $8.00 per hour to $8.75 per hour effective December 31, 2014. The minimum wage for New York employees will increase again to $9.00 per hour effective December 31,...more

Minimum Wage Increase in West Virginia Begins January 1, 2015

Employers in West Virginia should be aware that a minimum wage increase is set to take place beginning January 1, 2015. Beginning January 1, 2015, all employers in West Virginia, with six or more employees, will be required...more

New Jersey’s Minimum Wage Rises to $8.38 in the New Year

Due to to an increase in the Consumer Price Index (CPI), New Jersey’s minimum wage will rise to $8.38 per hour starting January 1, 2015. This is the second consecutive year that the state’s minimum wage will increase....more

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

Not Every Employee is Covered by the FLSA, But You're Not Off the Hook Just Yet

If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair...more

New Year, New Laws for Employment Lawyers

AB 1660 prohibits employers from discriminating against applicants and employees without valid California driver’s licenses. See Govt C §12926, Veh C §§1653.5, 12800.7, 12801.9. Under current law, the DMV has to issue a...more

Update to the Update: New York Employers Will Likely Be Relieved of the Requirement to Distribute Annual Pay Notices in January...

Okay, so despite our previous post saying the opposite, employers likely will not have to distribute New York State Wage Theft Act Annual Pay Notices after all. We had good reason to report it the other way a couple of weeks...more

Labor and Employment: An Early Holiday Present For New York Employers: The Annual Wage Notice Requirement Will Be Eliminated...

New York employers who have already begun preparing to send out annual wage notices to their employees under the Wage Theft Prevention Act can safely stop their preparations. The bill eliminating the annual wage notice...more

Filing a Knee-Jerk Counterclaim Can Make a Bad Problem Worse

In today’s litigious world, it is all too common for a disgruntled former business partner to file a lawsuit based on legally weak, if not outright frivolous, claims of wrongdoing. One common reaction is to fight fire with...more

Poetic Justice – 2014 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2015. But it is also the time to look back at all that has happened in 2014. Rather than simply give you links to all of my stimulating...more

Clear Sailing Ahead For Class Counsel in California Settlement

In Laffitte v. Robert Half International, Inc., No. BC321317, ___ Cal.App.4th ___ (Oct. 29, 2014; pub. ord. Nov. 21, 2014), the California Court of Appeal affirmed a $19,000,000 settlement that included an attorneys’ fee...more

Aviation & Aerospace and Surface Transportation Quarterly Newsletter

In This Issue: - Update on Developments in California Drone Law - One Community Gets Relief from Aircraft Noise - California Once Again Relinquishes Clean Air Act Enforcement Responsibility to the...more

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