News & Analysis as of

Wage and Hour

Some States Forge Ahead On Salary Thresholds

by Fisher Phillips on

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more

NYC’s “Freelance Isn’t Free Act” Might End Up Impacting Businesses Across the Country

by Fisher Phillips on

Many workers are leaving the comfort and stability of traditional 9 to 5 jobs in favor of more flexible options. This paradigm shift may be new to the general public, but it certainly does not appear to be a passing fad. In...more

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

by Baker Ober Health Law on

Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

Department of Labor Finalizes Claims and Appeals Regulations for Disability Benefits

by Franczek Radelet P.C. on

The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are...more

The Layers Of The Paid Sick Leave Law In Montgomery County, Maryland

by Jackson Lewis P.C. on

On October 1, 2016, Montgomery County’s Earned Sick and Safe Leave law became effective. This law allows all employees, with few exceptions, that work in Montgomery County, Maryland, to accrue paid and/or unpaid sick and...more

Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability

by Davis Brown Law Firm on

How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more

Arizona Mandatory Paid Sick Leave Update: Can We Use Our Old PTO System?

by Bryan Cave on

As Arizona employers prepare for the imminent July 1 effective date of Arizona’s first mandatory paid sick time law (The Fair Wages and Healthy Families Act (the “Act”)), one of the questions that we get most frequently is,...more

Is Your Company’s Hurricane Plan ready?

by Cozen O'Connor on

With the first tropical storm of the season bearing down on the Gulf Coast, it is a good time to dust off your HR Department’s Hurricane Plan and make sure it is up to date. If you don’t have one, it is an even better time to...more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

Seattle Secure Scheduling Ordinance: Critical Questions Answered

by Lane Powell PC on

The Seattle Secure Scheduling Ordinance will take effect on July 1, 2017. With less than two weeks to go, Lane Powell has been fielding questions from our clients on some of the nuances regarding implementation of the new...more

Paid Family Leave May Be Expanding In New Jersey Under Proposed Legislation

by Cole Schotz on

Last week, a bill was advanced by the State’s Senate Budget and Appropriations Committee to the Senate for discussion and vote. If passed, the new bill will increase the benefits and protections currently afforded under the...more

OFCCP, Google Awaiting A Decision

The hearing on the lawsuit filed by the Office of Federal Contract Compliance Programs against Google concluded on Friday, May 26, in San Francisco. As I’ve reported , the OFCCP is seeking historical pay data as well as names...more

Summary Of Current Federal And State Pay Equity Laws

by Payne & Fears on

Please see full chart summarizing and comparing State and Federal Pay Equity Laws below for more information....more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

by Littler on

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which...more

Monthly Pay Is Now Legal in Tennessee

by Miller & Martin PLLC on

For years, clients have asked us about the Tennessee Wage Payment Act and whether they could pay employees monthly “if they agreed to it” etc., because this Tennessee law expressly required bi-monthly pay – and imposed a fine...more

New Fair Workweek Legislation Scheduled To Take Effect On NYC Fast-Food Chains And Retailers In November 2017

by Cole Schotz on

New York City Mayor Bill de Blasio recently signed a package of legislation known as the “Fair Workweek” bills, which will take effect on many of the city’s fast-food chains and retailers starting in November 2017....more

Washington State to Consider Paid Family Leave

by Stoel Rives LLP on

Last week, representatives of the business community and employee groups completed negotiations to create a paid family and medical leave insurance program in Washington. Many details need to be worked out, the actual...more

The Aftermath: Developments From The 2017 Regular Session of The Connecticut General Assembly Affecting The Workplace

The 2017 Regular Session of the Connecticut General Assembly concluded on June 7, 2017 without passing a budget. As such, the General Assembly will eventually have to convene a “special session”. In the meantime, our...more

Canada – Ontario: Bill 148 Amendments to Employment and Labour Laws Pass First Reading and Will Undergo Committee Review in June,...

by Littler on

On June 1, 2017, the government introduced Bill 148 in the Ontario Legislative Assembly, and the Bill passed unanimously on first reading. The Bill contains important amendments to Ontario’s Employment Standards Act, 2000 and...more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Delaware Joins Bandwagon Prohibiting Salary History Inquiries

by Fox Rothschild LLP on

Delaware is the latest state to prohibit employers from inquiring about the salary history of job applicants. The new Delaware law makes it an unlawful employment practice for an employer or an employer’s agent to screen...more

Is There, Or Will There Be, Erratic Enforcement Of The FLSA Under Trump?

by Fox Rothschild LLP on

The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to work with the Wage and Hour Division’s careerists....more

The Antichrist at Work: 4th Circuit Affirms Judgment Against Employer for Failing to Accommodate Employee’s Religious Belief...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In EEOC v. Consol Energy, Inc., the Fourth Circuit Court of Appeals upheld a judgment against an employer for failing to accommodate an employee’s religious belief that a biometric hand scanner would tag...more

Labor & Employment E-Note - June 2017

by Burr & Forman on

Given the prevalence of social media in our online culture, employers are forced to navigate the ever changing landscape of issues presented by the social media usage of their employees. Please see full E-Note below for...more

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