Wage and Hour

News & Analysis as of

Wage Orders Likely Pose Compliance Issues for New York Employers

For New York employers, many wage-and-hour obligations are not set forth in the statute. Rather, they are outlined in Wage Orders promulgated by the New York State Department of Labor. The New York DOL has published proposed...more

Blocking the New Overtime Salary Threshold? Hearing on Request for an Injunction Scheduled for November

A hearing has been scheduled for November 16, 2016 in a Texas federal court to decide whether an injunction will be issued to block the substantially increased salary threshold to qualify as exempt under the new overtime...more

Did You Know...Heads Up! San Francisco Paid Parental Leave Ordinance… Supplementing California Paid Family Leave, Effective...

San Francisco has become the first U.S. jurisdiction at any level to decree fully paid parental leave for parents to bond with their child. California currently provides six weeks of partially paid leave through the state...more

To Accommodate or not to Accommodate: How to Know if Your Employee Actually Requested a Reasonable Accommodation

A divided federal appeals court recently reminded employers that an employee’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”) need not be explicit in order to invoke the interactive...more

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

Ninth Circuit Poised to Say “Call Me, Maybe”

Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find...more

Third Circuit affirms class certification in franchisee-as-employee class action

In a recent sharply divided 2-1 decision, the Third Circuit Court of Appeals affirmed the grant of class certification against commercial cleaning franchisor Jani-King in a lawsuit alleging that Jani-King’s franchisees were...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

FLSA Hail Mary?

We have heard an extraordinary amount of commentary about the impending December 1, 2016 deadline for compliance with the new FLSA overtime regulations. One of the most troubling comments that appears to be gaining...more

Asda equal pay claim: comparator successfully established

A decision by the Manchester Employment Tribunal at a preliminary hearing, in what is the largest ever private-sector equal pay case, has opened the floodgates for a wave of claims against Asda. Under UK legislation,...more

Seattle Secure Scheduling Ordinance Set to Take Effect July 1, 2017

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance, which applies to large retail and food service employers in Seattle. It requires these employers to provide employees with...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

Employers Beware – The Third Circuit Strictly Construes the FLSA Regulations to Prevent Taking Credit to Offset Overtime...

As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act (“FLSA”), employers...more

Cook County, Illinois Becomes First in the Midwest to Mandate Countywide Paid Sick Leave

On October 5, 2016, the Cook County Board of Commissioners passed the Cook County Earned Sick Leave Ordinance (the “Ordinance”). Notably, Cook County, Illinois encompasses the City of Chicago, which passed its own paid sick...more

National Labor Relations Board Assumes Worker Misclassification

The Chicago regional office of the National Labor Relations Board (NLRB) has filed a complaint for unfair labor practices against Postmates, an on-demand delivery service that, according to its website, “connects customers...more

The Final Rule - FLSA, US DOL and Overtime Rules: Part 1 - The Basics

Overtime Final Rule: Fair Labor Standards Act (FLSA) – Part 541: In a nutshell: Changes: Effective December 1, 2016, there will be changes dictated by the Final Rule: 1. to the minimum salary level...more

Election Day is Coming Soon - Do You Know Your Employees' Voting Leave Rights? - October 2016

Realizing we ALL could use some "time off" FROM this year's presidential election, we want to provide you with a quick (party-neutral!) refresher on your employees' voting leave rights in light of the upcoming national...more

EEOC Announces Expansion to EEO-1 Reporting

Late last month, the Equal Employment Opportunity Commission (“EEOC”) announced that it will begin collecting employee pay data from many private employers and federal contractors. Beginning with the EEO-1 reports due March...more

EEOC Announces Expansion to EEO-1 Reporting

Late last month, the Equal Employment Opportunity Commission (“EEOC”) announced that it will begin collecting employee pay data from many private employers and federal contractors. Beginning with the EEO-1 reports due March...more

Post-Tyson Foods: No, The Sky Is Not Falling

This past March, we blogged about the U.S. Supreme Court’s decision in Bouaphakeo v. Tyson Foods, Inc., 136 S. Ct. 1036 (2016), a case in which the plaintiffs alleged that Tyson Foods improperly denied compensation for time...more

Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more

Department of Labor Issues Final Rule Establishing Paid Sick Leave for Federal Contractors

On September 30, 2016, the U.S. Department of Labor (DOL) released the Final Rule Establishing Paid Sick Leave for Federal Contractors. The Final Rule requires some federal contractors and subcontractors to provide up to...more

Predictive Scheduling: An Expanding Trend Impacting the Food Service, Hospitality, and Retail Industries

On September 19, 2016, Seattle became the second local jurisdiction to enact a “predictive scheduling” or “secure scheduling” ordinance that allows the jurisdiction to restrict how retailers and restaurants schedule their...more

Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more

New York Federal Court Pilots Mandatory Mediation Program for FLSA Cases

The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA). Effective October 3, 2016, any federal wage and hour cases that are assigned...more

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