Wage and Hour

News & Analysis as of

Wage and Hour Cases in the News

Several restaurant industry labor law cases could make considerable changes in how the industry manages workers. Under the Fair Labor Standards Act (FLSA), tipped employees are subject to hourly wages that are lower than the...more

Maryland Employers Can Be Liable for up to Treble Damages for Misclassification "Overtime Pay" Claims Under State Law

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that employers can be held liable under the Maryland Wage Payment and Collection Law ("Wage Payment Law" or MWPCL) for all...more

State Law Wage & Hour Resource: You’ll Need It!

You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex;...more

Court of Appeals Rejects Mandatory Treble Damages Under Wage Payment and Collection Law

Last week, in the case of Peters v. Early Healthcare Giver, Inc., the Court of Appeals had another opportunity to reflect on the Maryland Wage Payment and Collection Law (“WPCL”) and specifically discuss the application of...more

Federal Contractors See Hike in SCA Health & Welfare Rates

On July 22, 2014, the U.S. Department of Labor (DOL) issued its annual memorandum announcing that, pursuant to 29 C.F.R. Section 4.52, the prevailing hourly health and welfare fringe benefit rates under the McNamara-O'Hara...more

Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis. A recent case from the District of Maryland,...more

Week in Review

As a follow up to our last Week in Review, wage and hour claims are still making headlines this week. Another technology company, SpaceX, has been sued for allegedly failing to provide employees with required breaks or to...more

Labor & Employment E - Note - August 2014

In This Issue: - S.E.I.U. Helps Fast-Food Workers Battle for $15 an Hour Wage - Obama Announces Fair Pay and Safe Workplaces Executive Order - Silicon Valley Hiring Conspiracy Settlement Insufficient, Judge...more

OFCCP Proposes Rule Regarding Annual Submission of Employee Compensation Data

On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule requiring covered Federal contractors and subcontractors with more than 100 employees to submit an annual Equal Pay Report...more

Amendment to California's Prevailing Wage Laws Requires Construction Contractor Registration

Covered Proposals and Contracts: A new issue facing counsel involved in construction law is the contractor registration requirement (see Stats 2014, ch 28, §§62–63) enacted in June as an amendment to California's prevailing...more

LinkedIn Compliance Settlement Highlights Why Wage and Hour Training Is So Critical

Last week, the Department of Labor announced that LinkedIn paid nearly $6 million ($3.3 million in back wages and $2.5 in liquidated damages) to 359 employees in back wages and damages for unpaid overtime, after an...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

Illinois Becomes Latest State to Crack Down on Pay Card Abuses

Last week, Illinois Governor Pat Quinn signed House Bill 5622, which amended the Illinois Wage Payment and Collection Act (IWPCA) to explicitly provide employers with the option of paying employees through a payroll card, but...more

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

President Obama Signs Executive Order Requiring Federal Contractors to Disclose Labor Violations

Last week, the White House continued its efforts to advance its labor agenda through measures not requiring congressional approval. The president signed an executive order that will require certain federal contractors to...more

Food, Folks, and Franchise-Wide Liability: NLRB Signals Intent to Pound Square Joint Employer Peg Into Round Franchise Hole

A big part of what makes the franchise model of business attractive to small business owners is the opportunity to own and operate their own business, but with their entrepreneurial risk backstopped by a known regional or...more

OFCCP Will Require Contractors to File Equal Pay Report

Implementing the President's April 2014 Memorandum directing the Department of Labor to develop a data collection tool to advance the goal of pay equity, the Office of Federal Contract Compliance Programs (OFCCP) has...more

Get Your Vacation Policy Right, and Then Relax!

Enjoying vacation time this summer? We all need a vacation at some point, and thankfully many employers provide for paid vacation leave. But as with many wage and hour issues, employers get themselves into legal trouble by...more

Do as I Say, Not as I Do: Even the Government Falls Victim to Wage and Hour Violations Sometimes

Remember last fall when all we could talk about was the government shutdown? The 16-day government shutdown captured the attention of a nation once again gripped by seemingly-manufactured political crisis. Last week, two...more

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor...

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

Illinois Permits Employer Use of Payroll Cards

On August 6, 2014, Illinois Governor Pat Quinn signed HB5622 into law, amending the Illinois Wage Payment and Collection Act (IWPCA) to permit employers to pay employees using payroll cards. Up until now, the IWPCA only...more

Quirky Question # 238, No Laughing Matter – Company Found Liable for Wrongfully Terminating Independent Contractor’s Agreement

Question: My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

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