Wage and Hour

A Recent Development in “Wage and Hour” Insurance

by Rachel Kronowitz, Jason Rubinstein | Gilbert LLP on 5/23/2013

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more

Employment Law Advisory for May 22, 2013: What Does it Mean to Pay an Exempt Employee on a “Salary Basis”?

by Hopkins & Carley on 5/23/2013

Most California employers understand that only certain employees are “exempt” from overtime pay requirements. However, most employers are not fully aware of how their pay practices may inadvertently destroy an employee’s...more

The Case for Wage & Hour Training

by NAVEX Global on 5/21/2013

Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

by Christopher M. Trebilcock | Miller Canfield on 5/17/2013

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws. The contractors were ordered to pay over...more

Federal Rule 68 and FLSA Collective Actions

by Eric Holshouser, Katie Kelly | Fowler White Boggs P.A. on 5/17/2013

In Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the Supreme Court of the United States last month ruled that an offer of judgment, which the parties agreed was sufficiently generous to satisfy the sole...more

Employment And Labor Law Alert: Frack Supplier Hit With Overtime Class Action

by Tracey Holmes Donesky, Kristin Berger Parker | Leonard, Street and Deinard on 5/16/2013

Last week, a hydraulic fracturing equipment supplier was hit with a putative class action lawsuit in federal court in Pennsylvania, alleging violations of state and federal wage and hour law. ...more

SuperVision Today - 2nd Quarter 2013

by Erin Jones Adams, R. Scott Adams, Alyesha Asghar Dotson, Carrie Harris, Eric W. Iskra, Eric E. Kinder, Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

In This Issue: - Notes from the Chair & Executive Editor - The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers - Interns This Summer? Evaluating Your Unpaid Internship Programs...more

Fenwick Employment Brief - May 2013: Unreimbursed Expense May Result in Minimum Wage Violation, But Not a Labor Code § 450 Private...

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/16/2013

In Sanchez v. Aerogroup, the plaintiff alleged that as a condition of her employment she was required to purchase at least eight pairs of shoes from her employer without reimbursement. She asserted violations of both minimum...more

Tennessee DOL Steps In for Wage and Hour Complaints

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

Effective April 23, 2013, Tennessee's Wage Regulations Act was amended to eliminate private rights of action for wage and hour violations. Instead, the Tennessee Department of Labor and Workforce Development now possesses the...more

Stop Kiddin' Around: WHD Expanding FLSA Initiative in Louisiana Child Care Industry

by Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

The U.S. Department of Labor's Wage and Hour Division (WHD) is expanding its multi-year Fair Labor Standards Act (FLSA) enforcement initiative in Louisiana's child care industry from northern Louisiana to the southwestern and...more

Employment Law Reporter - May 2013: California Court Holds That Piece Rate Employees Are Entitled To Hourly Pay For Waiting Time

by Randall Leff | Ervin Cohen & Jessup LLP on 5/15/2013

Like many other auto dealerships and other employers throughout the state, Downtown LA Motors, LP (“DLAM”), a Mercedes Benz dealership, compensates its service technicians on a piece rate basis. Under their system,...more

Legal Alert: Fast Food Walkouts May Be Just Beginning

by Alec Beck | FordHarrison on 5/14/2013

The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages....more

Employment Law Advisory for May 8, 2013: Recent Court Decision Highlights Risks in Piece Rate Compensation Plans

by Hopkins & Carley on 5/14/2013

Most non-exempt employees are paid by the hour for their work. California’s Wage Orders permit non-exempt employees also to be paid on a piece rate basis, however, and a recent decision from the California Court of Appeal...more

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

To Pay or Not to Pay? The Test for the Unpaid Intern

by David Dubberly | Nexsen Pruet, PLLC on 5/9/2013

As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer...more

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

by Joseph A. Devall, Jr. | King, Krebs & Jurgens, PLLC on 5/8/2013

An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more

Quick Quiz: Day-Rate Pay Plans

by John E. Thompson | Fisher & Phillips LLP on 5/8/2013

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

ECJ Expands Meaning of “Disability” Under Equal Treatment Directive

by Nick Thomas | Morgan Lewis on 5/7/2013

Court confirms that "disability" should be interpreted broadly and places onus on employers to explore a reduction in working hours as a potential adjustment....more

Unusual Compensation Plan Did Not Invalidate FLSA Exemption, 3rd Circuit Rules

by Michael Cardman | XpertHR - Partnered with LexisNexis on 5/7/2013

An employer may prorate the base pay of a salaried employee without forfeiting the employee's exemption from the overtime requirements of the Fair Labor Standards Act (FLSA), as long as it covers the shortfall with additional...more

New Mexico Enacts Fair Pay for Women Act

by Connie Bertram, Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 5/6/2013

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

by Miller & Martin PLLC on 5/3/2013

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more

An Officer And An Affirmation: Eighth Circuit Finds Officers Failed To Prove Damages In FLSA Claims

by Robert Hingula | Polsinelli on 5/3/2013

The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more

Class Actions: Generally Not Nutritional

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/3/2013

A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011...more

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