Wage and Hour

News & Analysis as of

Failing To Pay Employees Premium Wages For Missed Meal and Rest Periods Could Cost Big

In Safeway, Inc. v. Superior Court (Esparza), (C.A.2nd B255216) (L.A. Superior Court Case No. BC487830), published July 22, 2015, the California Court of Appeal for the Second District upheld a trial court’s class...more

Wage and Hour Division Targets Independent Contractors

Last week, the U.S. Department of Labor’s Wage and Hour Division released an Administrator’s Interpretation providing guidance on the misclassification of workers as independent contractors. The guidance sets forth a...more

Lawyers Entitled to Overtime Pay? Maybe So When Not “Practicing Law”

The Second Circuit revived an FLSA collective action filed by Michael Lola, an attorney licensed to practice law in California, who for fifteen months performed document review services for Skadden Arps, Slate, Meagher & Flom...more

DOL Issues New Guidance on Independent Contractors

The misclassification of employees as independent contractors continues to be a hot issue and to receive attention at the state and federal levels. Last week, the U.S. Department of Labor, Wage and Hour Division (“DOL”)...more

“Heads, You Lose! Tails, I Win!” No Matter Which Way You Play It, The Department Of Labor Interpretation Of Independent Contractor...

The Department of Labor’s Wage and Hour Division has issued an “Administrator’s Interpretation” that elucidates the DOL’s views on the issue of who is an employee and who is an independent contractor under the Fair Labor...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

Nigeria: Part II

This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive...more

Q&A: Los Angeles’ Hotel Minimum Wage

Q. What is the legal status of Los Angeles’ hotel minimum wage ordinance? A. The associations that sought to obtain a preliminary injunction, The American Hotel and Lodging Association and the Asian American Hotel...more

New California Law Recognizes Cheerleaders as Employees Not Independent Contractors

Amid recent review of employees being misclassified as independent contractors, which may not entitle them to overtime, sick days and other protections, California governor Jerry Brown signed a bill into law requiring that...more

Think Your Workers are Independent Contractors? Not So Fast Says the DOL

On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an Administrator’s Interpretation that purports to clarify on one of the most challenging legal questions facing employers today: are certain workers employees or...more

Looming Pay Hikes, Unions and Enforcement: A Primer on LA’s Increased Minimum Hotel Wage

Major metropolitan areas throughout the country have planned minimum wage increases to be implemented over the next few years. On June 3, 2015, Los Angeles joined a growing list of cities that includes San Francisco, Oakland,...more

Department of Labor Says Most Workers Are Employees Under FLSA: Ultimate Test Is Economic Dependence

On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more

Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75...more

Employers beware—US Department of Labor issues a shot across the bow to those using independent contractors

Does your business engage independent contractors? If so, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) is putting you on notice that your business may be in the agency’s cross hairs. In a 15-page...more

California Paid Sick Leave Law Amendments: Effective Immediately

On July 13, 2015, California Governor Jerry Brown signed into law urgency legislation amending the Healthy Workplaces, Healthy Families Act of 2014, which generally requires employers to provide paid sick leave to almost all...more

Tips to Reduce Adverse Effects of DOL's New Independent Contractor Status - Employers Must Carefully Select Status with...

Administrator David Weil issued an Administrator's Interpretation (Interpretation) on July 15, 2015, on behalf of the United States Department of Labor (DOL) regarding the appropriate classification of workers as independent...more

Washington Employers Must Pay Piece Rate Workers Additional Rest Break Compensation

With some limited exceptions, Washington State wage and hour rules require that workers receive a paid 10 minute rest break for every four hours worked. The Washington Supreme Court has now expanded employer obligations in...more

DOL WAGE & HOUR DIVISION’S “ADMINISTRATOR’S INTERPRETATION” NO INDEPENDENT CONTRACTOR COUP DE GRÂCE FOR TRUCKING—JUST NEW...

On July 15, 2015, David Weil, Department of Labor Wage and Hour Division (the “Division” Administrator, issued the much anticipated and promised “administrator’s interpretation” (the “Memo”) on the issue of worker...more

Littler's Tammy McCutchen Testifies that the DOL's Approach in Proposed Overtime Rule is "Unprecedented"

The U.S. Department of Labor's methodology and minimum salary threshold set forth in its proposed revisions to the Fair Labor Standards Act's "white collar" exemptions are "unprecedented in the FLSA’s 77-year history,"...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry)...more

Document Review Attorneys May Not Be Exempt From OT, Court Says

Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of the...more

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