Wage and Hour

News & Analysis as of

Felicia Reid Explores 2016 California Wage-and-Hour Law Affecting Agricultural Workers in Daily Journal

HK's Felicia Reid authored the Los Angeles/San Francisco Daily Journal “New Laws” supplement article titled, “AB 1066: Overtime for farmworkers.” The piece unpacks the Phase-In Overtime for Agricultural Workers Act of 2016, a...more

Inclement Weather FAQs: Who Gets Pay for a Snow Day?

As winter progresses, employers may find themselves monitoring the weather and wondering how to handle numerous operational headaches. Should a worksite close? If so: when, and for how long? Who can work from home, and who...more

New York State and Seattle Lead Discussion on Portable Benefits

In an effort to head off litigation by workers claiming they have been misclassified as contractors, companies using a largely on-demand workforce have been working with the New York State Assembly to develop a system of...more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more

What Will Employers Face After Tomorrow?

Employers across the country will be watching to see how and if President-Elect Trump’s positions on labor and employment issues materialize after his inauguration. He hasn’t been as vocal on labor and employment issues as...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Top 20 Things You Should Know About the Proposed Puerto Rico Employment Law Reform

Under a new government administration, Puerto Rico employment laws will undergo the most significant transformation in decades with the expected enactment of the “Labor Transformation and Flexibility Act.” In an...more

Maine Minimum Wage Fallout

Please see Chart for more information. ...more

On-Call Rest Breaks Violate California Law

On Dec. 22, 2016, the California Supreme Court ruled in Augustus, et al. v. ABM Security Services, Inc. that an employer’s policy requiring employees to remain “on call” during paid rest breaks violated state law. This...more

Employment Law – Rest Break Requirement for On-Call Work

Jennifer Augustus, et al. v. ABM Security Services, Inc. - California Supreme Court (December 22, 2016) - The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim...more

New York Employers Be Prepared: 2018 Will Usher in Changes to Family Leave Policies

In 2018, New York is enacting the New York Paid Family Leave Benefits Law. The paid leave law will be gradually phased in, and beginning on January 1, 2018, employees will be able to take up to 8 weeks of paid family leave....more

Florida School Board Settles Pregnancy Discrimination Case with U.S. Department of Justice

The Palm Beach County School Board (“School Board”) recently settled a lawsuit brought by the United States Justice Department alleging that a local school’s principal unlawfully demoted an assistant principal after she...more

Los contratos gubernamentales promueven cada vez más los objetivos relacionados con las políticas laborales

El año pasado, el gobierno federal implementó varias normas que exigen que sus contratistas cumplan con ciertos requisitos de trabajo justo. Por ejemplo, una norma federal finalizada en el mes de septiembre exige que los...more

Employer Exposure Increases: Emotional Distress Damages in FLSA Cases

The number of federal courts allowing plaintiffs to recover emotional distress damages in Fair Labor Standards Act (FLSA) retaliation cases is expanding, with the Fifth Circuit Court of Appeals last month joining two other...more

Does It Feels Like School? Are You in a Classroom? If So, Soak in the Knowledge but Don’t Expect Pay for the Training Time!

Seyfarth Synopsis: Airline customer service representative denied pay for pre-employment 10-day classroom training program under the FLSA and California Labor Law. The maxim “it is extremely difficult to find someone to...more

Ninth Circuit Again Says Auto Dealers' Service Advisors Are Not FLSA Exempt Employees

Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not...more

Connecticut Legislative Session Preview: Is a New State Overtime Rule In Play?

The Connecticut General Assembly is back in session and with significant budget deficits looming, it’s not going to be an easy year for legislators. From a labor and employment law session, once again it will be...more

Will Trump Administration Curb the Recent Targeting of Independent Contractors?

A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more

States Argue That Texas Court Properly Blocked Overtime Rule

In a legal brief filed on January 17, 2017, the 21 states that obtained a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its revisions to overtime rules under the Fair Labor...more

State Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime Rule

In the latest round in the litigation between 21 States, led by the State of Nevada, and the Department of Labor regarding the Final Rule, the State Plaintiffs filed their appeal brief today with the Fifth Circuit, urging the...more

2016 Global Cartel Enforcement Report

Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement...more

Recent Changes and Clarifications to the Illinois Employee Sick Leave Act

Seyfarth Synopsis: The Illinois Employee Sick Leave Act (“ESLA”), which went into effect on January 1, 2017, requires employers that provide employees with “personal sick leave benefits” must allow the use of such benefits...more

California Supreme Court Holds That California Law Requires Unencumbered Rest Breaks

California law requires most employers to authorize paid rest breaks for non-exempt employees of at least 10 minutes for each four hours worked or a major fraction thereof, and to provide this rest break approximately mid-way...more

New York Employment Law Update

This Client Bulletin provides an update on New York State (NYS) and New York City (NYC) employment law. Paid Family Leave (NYS) - Beginning January 1, 2018, New York State will have the most comprehensive paid leave...more

New York Increases its Minimum Wage Rate and the Minimum Salary Level for Exempt

New York is among a number of states implementing minimum wage increases for 2017; however, New York also increased the minimum salary levels needed to be considered exempt from overtime pay requirements under state...more

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