Wage and Hour

News & Analysis as of

Employment Law - June 2016 #3

LA Doubles Down on Sick Leave, Minimum Wage Increase - Why it matters - Already facing new California employment-related requirements—including the adoption of mandatory sick leave and an uptick in the minimum...more

Carreras v. United First Partners Research

Mr Carreras habitually worked long hours as an analyst for United First Partners Research, a brokerage firm. This ended when he had a cycling accident and suffered physical symptoms amounting to a disability under the...more

Unions Pressure Carolina Farmers

Carolina farmers must constantly deal with changing weather and markets. Add one more challenge: labor unions. Recently, labor unions have actively targeted certain agribusinesses in the Carolinas....more

Injury to feelings awards not available for failure to provide rest breaks

In Gomes v. Higher Level Care Ltd UKEAT/0017/16 the EAT held the claimant could not recover losses for injury to feelings after her employer had breached regulation 12(1) of the Working Time Regulations 1998 (WTR). Regulation...more

Handling Intermittent, Unpredictable Leave Requests after FMLA Ends: Additional Analysis of My Webinar with EEOC Commissioner...

This is the second part of a two-part blog post in which I recap the issues Commissioner Feldblum and I discussed during the webinar. Yesterday, I provided guidance on how an employer should address an employee’s requests...more

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

It's all up for debate – age discrimination and National Minimum Wage

On 6 June 2016, the House of Commons library published a "debate pack" on the interaction between the bands of National Minimum Wage and age discrimination. This is intended mostly for MPs in a forthcoming parliamentary...more

Fifth Circuit Addresses FLSA Tip Credits Once Again

The Fifth Circuit has had tipping on its mind, as the decision of Steele v. Leasing Enterprises, Ltd., represents its second opinion within ten months addressing this pay practice. On the heels of Montano v. Montrose, the...more

$15 Minimum Wage and Increased Sick Pay Benefits Adopted in the City and County of Los Angeles

Effective on July 1, 2016, employers in the City of Los Angeles and the unincorporated parts of Los Angeles County must comply with a new set of minimum wage laws aimed at increasing the minimum wage to $15 per hour by 2020....more

California Legislators Aim to Make Prior Salaries a Thing of the Past

A few months ago, the California State Assembly introduced AB 1676, a bill that not only would have prohibited employers from asking job applicants about their compensation history, but also would have required employers to...more

Los Angeles and San Diego set to increase Minimum Wage And Paid Sick Leave for employees effective July 2016

In July, employers operating in Los Angeles and San Diego will be required to comply with increased minimum wage and paid sick leave requirements under new ordinances recently approved by each municipality. The Los Angeles...more

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

The Chicago Paid Sick Leave Ordinance is Inevitable

Seyfarth Synopsis: In case you missed it, on June 22, 2016, Chicago added itself to the growing roster of many major U.S. cities to pass a Paid Sick Leave Ordinance. The Council’s Committee on Workforce Development and...more

Highly Compensated Employee Cannot Claim FLSA Violation Based on Employer's Wage Withholding

In order to claim most exemptions from overtime and minimum wage requirements under the Fair Labor Standards Act, employers must pay a guaranteed salary. Employers can only deduct from such salaries in very limited...more

Brexit: The Consequences for UK Employment Law

On 23 June 2016 the people of Britain voted in favour of leaving the European Union – the so-called "Brexit." The result has created uncertainty and speculation as to the implications of Brexit and what happens next. As...more

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

New Minimum Wage For Pasadena Starting July 1, 2016

In a move which matches its counterparts in Los Angeles and Santa Monica, the City of Pasadena is set to increase its minimum wage for employers with 26 or more employees to $10.50 on July 1, 2016, while smaller employers...more

Supreme Court Punts on Whether Service Advisors Are Exempt from FLSA Overtime Premium Pay

The United States Supreme Court recently issued its long awaited decision in Encino Motorcars, LLC v. Navarro. At issue in the case was whether “service advisors” employed by car dealerships are exempt from the Fair Labor...more

North Carolina Supreme Court Denies Employee's Claim to Patent Ownership Based on Pay Dispute with Employer

Under the “hired to invent” doctrine, employees who develop intellectual property during the course of their employment generally have no ownership rights to such innovations. Earlier this month, the North Carolina Supreme...more

NY Dept of Labor Proposes Drastic Changes to Employers’ Use of Direct Deposit and Payroll Cards

The New York State Department of Labor (NYSDOL) recently published a proposed rule governing how employers pay their employees through direct deposit and payroll debit cards. While the majority of the proposed rule focuses on...more

Seventh Circuit Voids Employee Promises to Not Pursue Wage and Hour Claims as Members of a Class or Collective Action

Many employers will be surprised to learn that, under some circumstances, the National Labor Relations Act (NLRA) may regulate their ability to enter into certain contractual agreements with employees. The decision of the...more

Philadelphia’s Tough New Anti-Wage Theft Law Effective July 1

Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged...more

Some Thoughts from the Feds on the Gig Economy

In recent months, the gig economy has increasingly been the subject of articles, blog posts, studies, and podcasts. In June, not wanting to miss the party, the U.S. Department of Commerce contributed a twenty-seven page...more

Supreme Court Passes Automobile Dealership Service Advisor Exemption Issue Back to Lower Court

On June 20, 2016, the U.S. Supreme Court declined to provide a definitive opinion on a pay issue that has concerned automobile dealerships for years. The question involves whether dealership service advisors fall under the...more

Seventh Circuit Finds Class Action Waiver Unenforceable in Arbitration Agreements, Creates Split among Circuits

The Seventh Circuit Court of Appeals recently dealt a blow to employers when it held in Jacob Lewis v. Epic Systems Corporation that arbitration agreements that prohibit employees from seeking class, collective or...more

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