Wage and Hour

News & Analysis as of

$89K Manager May Not Be FLSA-Exempt, Court Rules

This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. ...more

Paying "Current" Versus "In Arrears"

Some employers use the colloquialisms "current" and "in arrears" to describe the timing of employees' wage payments. Not surprisingly, many employees who are told they are paid "in arrears" rather than "current" react...more

Birmingham Joins Seattle and San Francisco and Passes its Own Minimum Wage

Birmingham, Alabama is poised to join more than 15 cities across the country that have adopted a municipal minimum wage higher than the federal requirement. The federal minimum wage is currently $7.25 an hour but, unless the...more

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

Did You Hear the One About the “Joint Employer”?

It’s hard getting excited about joint employment. In fact, it’s pretty yawn-inducing. (Seriously, get a cup of coffee before reading this.) But a few weeks back, the Department of Labor issued some new guidance on...more

Joint Employment Challenges Continue in 2016

The legal concept of “joint employment” exists when a person is employed by two or more entities, such that the employers are responsible, individually and jointly, to the employee for compliance with a particular statute or...more

Can Employees Be Disciplined When They Exceed the Frequency or Duration on Their FMLA Medical Certification?

One of the biggest headaches for employers when administering FMLA leave is how to deal with the employee who exceeds the frequency or duration identified on the employee’s medical certification. Nearly all of these...more

Points & Authorities - Winter 2016

Attention California Employers: New Employment Laws Affecting Your Business Take Effect on January 1, 2016 - In past years the Governor of California has enacted new laws related to employment that place additional...more

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the...more

EEOC’s New Reporting Requirements May Add to Employers’ Burden, Liability

On February 1, 2016, the Equal Employment Opportunity Commission (EEOC) announced plans to expand EEO-1 reporting requirements, beginning in 2017, to include compensation information for employers of 100 or more employees....more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

New EEOC Equal Pay Reporting Proposal

On January 29, 2016, the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the Equal Employment Opportunity Commission (EEOC) announced its proposed addition of pay data to currently required EEO-1 reports. The...more

Employers May Face Significant Changes to Federal EEO-1 Reporting Requirements

On February 1, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed revisions to the Employer Information Report (EEO-1) for private employers or government contractors with 100 or more employees. See 81...more

Should Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies

The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there...more

The EEOC’s Proposed Revisions To The EEO-1 Report Could Create Legal and Administrative Headaches For Employers

The EEOC unveiled its proposed revisions to the Employer Information Report (EEO-1) last month. With the revisions, the EEOC hopes to gather additional data to help better discern pay discrimination. However, the revisions...more

EEOC Proposes Rule Requiring Employers to Report Wage Data on EEO-1 Form

Late last week, the Equal Employment Opportunity Commission (EEOC) proposed a rule that would require employers with 100 or more employees to report data concerning employee pay on an annual basis. The rule, designed to...more

Court Pulls Curtain on NLRB Ruling

The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and...more

New York Jets Settle Cheerleaders’ Wage Lawsuit

Last week, a New Jersey state judge approved a $324,000 settlement between the New York Jets (the “Jets”) and 52 female cheerleaders stemming from a class action lawsuit seeking unpaid wages and reimbursement of work-related...more

Your daily dose of financial news The Brief – 2.8.16

Friday’s jobs report was disappointing as compared to the month earlier, but it contained news of a half a percentage point increase in average hourly earnings that pleased some economists who have been worrying about...more

CLIENT ALERT: EEOC Proposes to Require Large Employers to Report Wage and Hour Data

On January 29, 2016, the Equal Employment Opportunity Commission (the “EEOC”) announced proposed rule changes that would require all “large employers” (i.e., employers with 100 or more employees) and federal contractors to...more

NJ Lawmakers Propose Legislation to Raise Minimum Wage To $15 Per Hour

On February 4, 2016, in Trenton, New Jersey State Assembly Leader Vincent Prieto, Assemblyman John Wisniewski and State Senator Ray Lesniak proposed a bill to raise the state minimum wage from $8.38 to $15 for all New Jersey...more

If Pain, Yes Gain -- Part XVI: Winter 2016 Brings Flurry of Paid Sick Leave Activity

One area of employment law that certainly isn’t hibernating this winter is mandatory paid sick leave. Since the start of 2016, mandatory paid sick leave developments have occurred from coast to coast and include: (1) an...more

“Show Me the Money”: EEOC Seeks Pay Data from Large Employers

On January 29, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced a proposal to begin collecting pay data from private employers with 100 or more employees and federal contractors. The EEOC currently...more

EEOC Doubles Down on Push for Pay Equity: Requiring Pay Data on EEO-1 Reports

The EEOC’s latest proposal, requiring employers to report pay data annually on their EEO-1 reports, shows that the Obama Administration means business when it comes to pushing for pay equity—not only for women, but also for...more

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