Wage and Hour

News & Analysis as of

NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers

In letters sent to 13 large retail chains on April 10, the New York State Attorney General’s Office has questioned the lawfulness of a scheduling practice known as “on-call shifts,” and has requested wide-ranging information...more

Gawker Interns and the Use of Social Media to Notify Potential Class Members

Social media has dramatically impacted many areas of law, and class and collective action litigation is no exception. Recently, a number of former interns who sued Gawker Media LLC and its owner Nick Denton (Gawker) for wage...more

When Do Volunteers Become “Employees” Under Anti-Discrimination Laws?

Having this blog for nearly eight years, it’s fair to say that I’ve covered quite a few topics. But every once in a while, a never-before-discussed issue makes it way to the forefront. Today is one of those days....more

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

New Rulings Address BYOD Policies

Bring Your Own Device (BYOD) policies are on the rise, meaning that an increasing number of employees are using their personal devices to access company servers. But, with the prevalence of a new employment trend inevitably...more

"Predictable Scheduling" Concept Gaining Momentum

In late January, we reported on U.S. Wage and Hour Division Administrator David Weil's comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to "predictable...more

Seattle's New Wage Theft Ordinance Imposes Notice Requirements and Civil Penalties

Effective April 1, 2015, a new Wage Theft Ordinance imposes specific wage and tip notice requirements on employers in the City of Seattle. The Seattle Office for Civil Rights (SOCR) is granted power to investigate complaints,...more

9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA

Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor's (DOL) "flip-flopped"...more

Ninth Circuit Holds That State Court’s Class Certification Order Creates New Occasion for CAFA Removal

The Ninth Circuit held that a state court’s certification order, under which CAFA’s amount in controversy would be met, created a new basis for defendant to remove the case to federal court. The plaintiff had filed a putative...more

Three Tips on Avoiding Summer Internship Headaches

Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable...more

Must Management Justify Treating Exempt Employees As Non-Exempt?

For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However,...more

Employers Achieve Victories in Maryland General Assembly

Maryland employers achieved victories this legislative session with the defeat of several bills that would have harmed businesses of all sizes. It is encouraging that none of these bills made it to the floor of either Chamber...more

When Paying Accrued "Vacation" at Termination, Labels Don't Matter [Wage & Hour FAQs]

In recent years, I have noticed a movement away from the traditional categories of “vacation” and “sick” leave and holidays to hybrids like PTO, holiday hours, and personal days. While those new categories provide greater...more

PLRB Issues Controversial Ruling on Volunteer Fire Companies

Recently, the Pennsylvania Labor Relations Board (PLRB) issued a Final Order indicating that members of a volunteer fire company which provided coverage to a local borough were actually Borough employees.   In doing so...more

Indonesia Part II

This article is the second in a series which will provide an introduction to employment law in Indonesia and will cover the basic laws applicable to terms of employment, specifically wage & hour law, medical leave, and...more

2015 Employment Law Issues Tournament: The Championship (and the First-Ever Rendition of One Shining Lawsuit)

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation...more

The Expansion of Laws Governing Paid Sick Leave

It seems that with every passing day more cities and states adopt ordinances and statutes governing paid sick leave. At present, three states and eighteen cities have enacted laws providing for paid sick leave. The states are...more

How might the Supreme Court’s decision in Perez v. MBA affect the CFPB?

The U.S. Supreme Court’s recent decision in Perez v. Mortgage Bankers Ass’n invalidated a significant line of D.C. Circuit case law known, after the leading case, as the Paralyzed Veterans doctrine. A case involving a series...more

Eleventh Circuit Scraps Employer’s Defense in FLSA Claim for Overtime Wages

May an employee recover under the Fair Labor Standards Act for unpaid overtime even if it was his own fault that the overtime was unpaid? The Eleventh Circuit recently answered “Yes,” in the case of Bailey v. Titlemax of Ga.,...more

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State,...more

Lesser Known Exemptions: The "Ministerial" Exception to the FLSA

Last week, in my post about the impact of the various iterations of the Religious Freedom Restoration Act (RFRA) on wage and hour law, we discussed the general rule that the FLSA does not contain blanket exceptions or...more

Employing Workers in Massachusetts: A Guide for Emerging Companies

At some point, every emerging company must identify and retain people to work for the business. The founders or owners of the business recognize that they cannot do it alone, and they need to bring on talented individuals to...more

Ninth Circuit Defers to DOL View that Automobile Service Advisors Have No Industry Overtime Exemption

When taking in your car to the dealership for repairs, you are usually greeted by a service advisor. Service advisors compile information needed for the mechanic to diagnose and repair the vehicle. They also provide cost...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. Supplemental Budget Bill Approved, On Governor's Desk - On Tuesday lawmakers approved a...more

March 2015 Independent Contractor Compliance and Misclassification News Update

This past month’s headline developments involve three major developments in the area of independent contractor (IC) misclassification. The first case involves a large department store that agreed to pay most of the costs of...more

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