Wage and Hour

News & Analysis as of

Proposed Regulations Issued for New York State Paid Family Leave Law

The New York Workers Compensation Board has issued a proposed rule for implementation of the statewide Paid Family Leave Law (“PFLL”), which goes into effect on January 1, 2018....more

Penalty rates in Hospitality and Retail modern awards cut

Summary - In a landmark ruling, the Fair Work Commission Full Bench has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and reduced public holiday penalties in those sectors and,...more

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Paid Family and Medical Leave for D.C. Employees To Become Law

District of Columbia Mayor Muriel Bowser on Feb. 15, 2017, declined to veto the controversial Universal Paid Leave Amendment Act of 2016. Although she declined to veto the measure, Bowser returned the bill unsigned to the...more

Don't Be Penny Wise and Pound Foolish - Advice for New Employers Regarding Employee Classifications

Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an...more

Joint Employment: Are Your Subcontractors Leaving You at Risk?

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great...more

Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically...more

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act...more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Fair Work Commission cuts penalty rates for the hospitality and retail industries

The Fair Work Commission yesterday handed down its long awaited decision to reduce the penalty rates for Sunday and public holiday work payable under a number of awards. These include the Hospitality Industry (General) Award...more

Money Talks: NY DOL Adopts Regulations on Employee Discussion of Wages

Seyfarth Synopsis: New regulations from the NY Department of Labor clarify employers’ ability to limit employees’ discussion of wages. The New York Department of Labor has promulgated regulations that permit employers to...more

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Increase in limits

This week new limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation, have been increased. The increases apply where the event giving rise to the entitlement to...more

Chris Lazarini Examines Employee v. Independent Contractor Issue

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff claimed to be an employee of Northwestern Mutual and therefore protected under New York's minimum wage and overtime laws; Northwestern argued...more

The new "right to disconnect" in France

In response to the increasing use of digital tools which blurs the line between professional life and personal life, a new obligation relating to working time has been introduced in France by the law of August 8th, 2016...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

What is New in France: Right for the Employees to Disconnect?

The Law dated August 8, 2016 n°2016-1088 named “Loi Travail” has entered into force from January 1st, 2017 in relation to the “right to disconnect” for employees. Article 55 of the Law on the “right to disconnect” is the...more

Be Aware Belgium February 2017

This issue discusses the fact that employers should bear in mind that the employer social security contribution on bridge pension indemnities have repeatedly been increased in the past, and it could very well be that they...more

California Minimum Wage Increases

California Legislature introduced and passed a law phasing in state-wide minimum wage increases that will ultimately reach $15.00 per hour by 2022 for large employers and by 2023 for small employers. Specifically, for...more

Legislative Update for Minnesota Employers: Paid Leave Bills Advance, Cell Phone Hands-Free Bill Introduced

Employers with employees in Minnesota—and in particular, those with employees in the cities of Minneapolis and/or St. Paul—may be interested in the status of several bills that have been introduced in the Minnesota...more

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

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