Wage and Hour

News & Analysis as of

Equitable Defenses Do Not Apply to FLSA Overtime Claim

Defendants sometimes assert “equitable” defenses to legal claims brought against them. In some situations, courts have the discretion to bar claims by plaintiffs whose “unclean hands” or other actions make recovery manifestly...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

2015: This Is The Year Ahead: Summary Of Likely Trends And Legislative Developments Across Asia This Year

In This Issue: China; Hong Kong; Japan; Korea; and Singapore. Excerpt from Korea: The Korean government is proposing to amend the Employee Retirement Benefit Securities Act to promote the implementation...more

"Predictable Scheduling": An Undiscovered FLSA "Right"?

U.S. Wage and Hour Division Administrator David Weil reportedly has said that the Division is "looking very actively at" the question of whether workers should be legally entitled to "predictable scheduling". In recounting...more

The National Labor Relations Board: 2014 Year in Review - The NLRB's Expansion of Employee Rights Under the National Labor...

In 2014, the National Labor Relations Board (NLRB or Board) scrutinized employer policies and practices, protected employee use of social media and employers' email systems to organize and engage in protected concerted...more

NJ Supreme Court Advises Courts to Follow NJDOL Test for Determining Employee vs. Independent Contractor Status for Wage Disputes

In Hargrove v. Sleepy’s LLC, the New Jersey Supreme Court recently held that the legal test for determining employee status under New Jersey unemployment compensation laws should also be used to determine employee status in...more

New Public Employment Laws for 2015

Year in and year out, one thing is true: In California, there will always be new laws affecting employers, and 2015 is no exception. Below is a brief description of the laws that public sector employers need to be aware of...more

Unpaid Interns May Expose Companies to Liabilities

For those without experience in a particular field, an unpaid internship often provides a vehicle for obtaining insight and training, oftentimes in a popular industry with mass appeal such as a movie studio, media company, or...more

Employee Recovers $131,000 For Unpaid Wages Against Former Employer

Manuel Tabarrejo was employed as a caregiver by Princess Retirement Homes, Inc. (“PRH”). After Tabarrejo left his employment with PRH, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related...more

Employment Law Alert: Employee's Overtime Claim Fails Due to Lack of Facts

In Landers v. Quality Communications (9th Cir. 12-15890-1/26/15), the Court of Appeal affirmed the district court's order dismissing plaintiff's complaint pursuant to Rule 8 of the Federal Rules of Civil Procedure finding...more

NJ Supreme Court Sets Tougher Test for Independent Contractor Classification

On January 14, 2015, the New Jersey Supreme Court (the Court) ruled that when determining whether an individual is an employee or independent contractor under the New Jersey wage laws—specifically, the NJ Wage Payment Law...more

NY Governor Again Seeks to Raise Minimum Wage

In early 2013, New York Governor Andrew Cuomo signed a bill that incrementally increased the state’s minimum wage from $7.25 per hour to $9 between December 31, 2013, and December 31, 2015. Less than two years later, the...more

New Jersey Supreme Court Adopts Restrictive Test for “Independent Contractor” Status

The New Jersey Supreme Court recently adopted a new test making it more difficult for New Jersey employers to classify workers as independent contractors. In a lawsuit brought by contract delivery drivers against a chain of...more

DOL Challenge Expected to Judge's Decision to Vacate Proposed Caregiver Wage Regulations

On January 14, 2015, U.S. District Court Judge Richard J. Leon, in the District of Columbia, issued an opinion and order in Home Care Association of America v. Weil, Civil Action No. 14-967, vacating a U.S. Department of...more

U.S. Supreme Court Rules That Time Spent In Mandatory Security Screening at the End of a Workday Is Not Compensable

The United States Supreme Court issued an interesting decision last month on whether employees who are required to undergo security screening after their work was done should be paid for that time. The Supreme Court found in...more

Oh, the Weather Outside is Frightful! The Down-and-Dirty on Snowy Days and Employee Pay

An employer asked this morning what the “right way” is to handle weather-related attendance issues that were caused by a severe winter storm in its region....more

The Sixth Circuit Holds That an Arbitration Clause in an Expired Contract Still Applies

Does the duty to arbitrate survive the expiration of a contract? The United States Court of Appeals, Sixth Circuit recently held “yes.” The Sixth Circuit became the first federal appeals court to examine whether a contract’s...more

Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

The employer in this case, Integrity Staffing Solutions, Inc., provides staffing to Amazon.com throughout the United States. Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees retrieving and packaging products...more

Winter Storms Raise a Blizzard of Questions for Employers

Almost a year ago, a series of winter storms blasted the country, costing billions in damages and business disruption. Yesterday, businesses and residents in the country's Northeast Corridor again braced for what some...more

N.J. Wage and Hour Test: Contractor, Employee Distinction No Longer Relevant

In Hargrove v. Sleepy’s, the New Jersey Supreme Court determined, for the purposes of New Jersey’s wage laws (and overtime), that the so-called “ABC test” (derived from New Jersey’s Employment Compensation Act) would govern...more

Don’t Sleep on this New Jersey Employers: State Supreme Court Adopts More Stringent Test to Claim Independent Contractor Status

Recently, in Hargrove v. Sleepy’s, LLC, the New Jersey Court issued a unanimous decision raising the bar for New Jersey employers seeking to classify individuals as independent contractors under New Jersey’s Wage Payment Law...more

Winter Storm Juno Expected to Bring Lots of Snow, but Also Potential Wage and Hour Issues

So it’s going to snow a lot today and tomorrow. A lot. A potential blizzard. Some say this could be one of the biggest snowstorms ever to hit the East Coast. More than a foot of snow is expected in Manhattan, up to two...more

Independent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce Employee Misclassification

On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing...more

Eleventh Circuit Rejects Equitable Defenses to FLSA Claim Where Employer Aware of Underreported Hours

The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more

Is Your Volunteer Really an Employee? The Answer Might Surprise You [Part 1]

Over the past year or so, we have discussed the Fair Labor Standards Act’s application to both paid interns and unpaid interns, as well as independent contractors. One area we have covered briefly in the past, but not...more

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