News & Analysis as of

Wage and Hour

Employment Matters Newsletter, Summer 2017

by JAMS on

Mediation in Employment Discrimination Disputes Can Serve the Interests of All Parties - Federal and state laws protect the right of individuals to obtain and hold employment without discrimination. Courts and...more

DOL Wage and Hour Division to (Once Again) Issue Opinion Letters

In what likely signals the end of the era of “Administrator’s Interpretations,” the DOL announced today that it will return to the practice of issuing opinion letters to provide guidance to employers and employees on Fair...more

Two Significant Employment Laws Await Governor’s Decision

Previously, we reported on two bills making their way through New Jersey’s Legislature which if passed, would impact employers and employees statewide...more

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

by Shipman & Goodwin LLP on

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any. What we DID see, however, were changes to regulations and enforcement orders....more

They’re Back … DOL Announces the Return of Opinion Letters

by Seyfarth Shaw LLP on

In the second bit of wage hour news today, and in advance of Secretary Acosta’s hearing before a Senate Appropriations subcommittee, the Department of Labor announced the return of opinion letters. In 2010, the Obama...more

DOL: Opinion Letters Are Back!

by Littler on

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an...more

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on...more

Opinion Letters Are Back!

by Franczek Radelet P.C. on

The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter. Opinion letters have long been one of the most useful resources for lawyers and HR professionals trying...more

DOL Sends OT Request for Information to White House for Review

by Seyfarth Shaw LLP on

Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of...more

D.C. Court Dismisses Class Action Breach of Contract Case Based on Policy Manual

by BakerHostetler on

It’s unusual to see an employment class action based on breach of contract by nonunionized employees. A recent case from the District of Columbia involving the Washington Metropolitan Area Transit Authority (WMATA), reflects...more

DOL Opinion Letters Are Back

by Jackson Lewis P.C. on

The U.S. Department of Labor announced today that it will reinstate the Department’s long-standing practice of issuing opinion letters to employers and employees regarding application of the Fair Labor Standards Act. The...more

Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

by Hinshaw & Culbertson LLP on

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick...more

How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s...

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors. In the three...more

Health Care E-Note - June 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

Brazil eSocial Trial Period Begins on June 26, 2017

by Littler on

After months of uncertainty, on June 23, 2017, the eSocial Steering Committee in Brazil finally issued a new resolution launching a restricted platform for companies to begin testing the program. The program will be available...more

Substitute Holidays in Canada: What to Do When a Holiday Falls on a Weekend

Canada Day is approaching. The holiday, celebrated on July 1, commemorates Canadian Confederation and the enactment of the British North America Act, 1867 (which is now known as the Constitution Act, 1867), that formally...more

What The Change In Course By The USDOL On Worker Classification Means For NJ Employers

As my colleague John Buckley wrote about in our Lehigh Valley Employment Blog, several weeks ago Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance...more

Massachusetts Supreme Court Ruling will Lead to More Disappointments for Employers who Purchase EPLI Policies

by Partridge Snow & Hahn LLP on

Are you sleeping better knowing that you have purchased Employment Practices Liability Insurance (“EPLI”) to cover your company against employment claims? Well it may be time to wake up....more

Employment Law Navigator – Week in Review: June 2017 #4

by Zelle LLP on

Last week, a New York pizzeria restaurant group agreed to pay $50,000 to settle a national origin discrimination lawsuit. The EEOC alleged that the restaurant group discriminated against Hispanic employees by subjecting them...more

Class Action Settlement Reminds Employers that Job Duties – Not Job Titles – Rule FLSA Exemptions

In September of 2015, two delivery drivers filed a class action lawsuit in the United States District Court for the Middle District of Pennsylvania. The employees alleged that their former employer violated the Fair Labor...more

Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court...

by Seyfarth Shaw LLP on

Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers...more

New York City Follows Trend in Predictable Scheduling Law

by Bryan Cave on

New York City has enacted a law banning “on-call scheduling” for retail employees. The law takes effect on November 26, 2017. With “on-call scheduling,” an employer requires an employee to be available to work, to contact...more

Cook County, Illinois, Issues Final Paid Sick Leave Regulations

by Jackson Lewis P.C. on

The Cook County, Illinois, Commission on Human Rights has released final regulations that will govern its interpretation and enforcement of the Cook County “Earned Sick Leave” (ESL) Ordinance. The Ordinance is set to take...more

Construction E-Note - June 2017

by Burr & Forman on

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being...more

Judges Refuse Certification of Off-the-clock Wage and Hour Cases

by BakerHostetler on

The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large...more

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