Wage and Hour

News & Analysis as of

What Employment Law Changes Should We Expect From the Trump Administration? Ask the Magic 8 Ball

If you had asked me one month ago to predict the winner of the presidential election, I would have been wrong. Therefore, rather than make my own [ill-fated] predictions of the changes that await employers when PEOTUS takes...more

Banking & Financial Services E-Note - November 2016

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect...more

Department of Labor Appeals Injunction Blocking New Overtime Rules

On December 1, 2016 – the day that the Department of Labor’s (DOL's) proposed white collar salary threshold regulations originally were supposed to go into effect – the DOL filed an appeal with the Fifth Circuit Court of...more

Two More New Jersey Towns Pass Paid Sick Leave Ordinances

Citing the lack of paid sick time for private-sector workers and the goals of reducing health care expenditures and promoting a healthier and more productive workforce, the towns of Morristown and Plainfield, New Jersey,...more

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more

USDOL Appeals Last Week's Exemption Ruling

The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

DOL to Appeal Texas Court’s Injunction of New Overtime Rule

Following a Texas court’s issuance of a nationwide preliminary injunction enjoining the new overtime rule on November 22, the U.S. Department of Labor filed a notice of appeal of the decision yesterday....more

A Fresh Take on the Horizontal Joint Employment Theory: Conditional Certification for Subway Employees Denied

Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises. Earlier this year, the DOL’s Wage-Hour Division issued a...more

Federal Judge Blocks Changes to Overtime Rules For Now

On November 22, 2016, a federal district court judge in Texas issued a nationwide preliminary injunction blocking the federal Department of Labor from implementing its final rule in respect of overtime compensation (the...more

DOL Oversteps Overtime Regulations

Just one month after the U.S. District Court for the Eastern District of Texas shut down a Fair Pay and Safe Workplaces final rule, the District Court has enjoined the implementation of the Department of Labor’s (DOL) final...more

NYC Employment News: First-of-Its-Kind Freelance Rights Bill Becomes Law

As the gig economy continues to surge throughout the United States, New York City has emerged as one of the first municipalities to protect freelance workers. The New York City Council recently passed the Freelance Isn’t Free...more

The Department of Labor’s New OT Rule Put on Hold

It seems that the US. Department of Labor (DOL)’s highly-anticipated overtime rules changes have been put on hold—and, quite possibly, on ice. On November 22, 2016, just days before the new rules were set to take effect...more

Arizona Now Requires Paid Time Off and a Higher Minimum Wage

Arizona voters recently passed AZ Prop 206 – the Fair Wages & Healthy Families Act – by a significant margin. Prop 206 increases the minimum wage in Arizona to: - $10.00 per hour on January 1, 2017 - $10.50 per hour on...more

National Living Wage to increase by 4 per cent in April

The Chancellor has confirmed that the National Living Wage (NLW) will increase in April 2017 from £7.20 to £7.50 per hour. This represents an increase of 4 percent. The new NLW for workers aged 25 and over came into...more

CA State Minimum Wage Increases on January 1, 2017

On January 1, 2017, the California minimum wage will increase for businesses with more than 25 employees from $10 per hour to $10.50 per hour. This is another step toward a $15 per hour minimum wage on January 1, 2022. You...more

Seattle Becomes Second City to Pass “Secure Scheduling” Ordinance

Seattle, known for its employee-friendly ordinances, has passed a law regulating how large retailers, full-service restaurants, fast food restaurants, and coffee shops schedule and pay their hourly, non-exempt workers. ...more

New York Employers Take Note: Federal Court Injunction Blocking the Federal Overtime Regulations Means Little in New York

Proposed New York regulations will nearly approach the now-enjoined federal salary thresholds — and then leapfrog those amounts in subsequent years. Originally published in Daily Labor Report - November 30, 2016....more

Sleep-deprived or sleeping beauty?

Employers may start taking more of an interest in its employees’ bedtime routines based on the latest research from Rand Europe. Using data from 62,000 people, they discovered that sleep-deprived workers cost the UK economy...more

Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes

On November 22, 2016—nine days before a drastic increase to the salary requirement for overtime exemptions was set to take effect—a Texas federal court issued a nationwide preliminary injunction temporarily blocking it....more

What Employers May Expect with Trump in Office

This installment of our ongoing series prognosticating about the new Presidential administration focuses on the regulatory environment employers may face. President-elect Trump has promised to revoke a number of the more...more

Employment Matters – UK - November 2016

Autumn Statement – Employment Issues The Chancellor has issued an autumn statement setting out certain proposed fiscal changes in the UK. One of these is to the Employee Shareholder Status (ESS) regime, which is set to...more

New York City Enacts First-of-Its-Kind Law to Protect Freelance Workers

On November 16, 2016, New York City Mayor Bill de Blasio signed Int. No. 1017-C, known as the Freelance Isn’t Free Act (“Act”), which establishes protections for the estimated 1.3 million independent workers in New York City....more

Nationwide Injunction Halts Department of Labor’s Overtime Expansion

New overtime regulations under the Fair Labor Standards Act set to go into effect on December 1, 2016, have been halted by a federal court in Texas. In State of Nevada v. U.S. Department of Labor, the court granted a...more

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