Wage and Hour

News & Analysis as of

Is Proposed Legislation Likely To Slow Implementation of The New Overtime Regulations? Probably Not.

On May 18, 2016, the U.S. Department of Labor (DOL) announced the publication of its final rule updating its existing overtime regulations. The updated regulations are scheduled to become effective on December 1 of this year...more

Tough Love - Philadelphia's New Wage Theft Law Carries A Mighty Punch (Or Does It)

Over the past several years, wage and hour litigation has increased dramatically. In addition to focusing on employee classification issues, i.e. exempt vs. non exempt status and independent contractor vs. employee, the issue...more

Seventh Circuit Clarifies Rules for Compensating Tipped Employees Performing Non-tipped Work

The Fair Labor Standards Act (FLSA) and most states permit restaurants to pay tipped employees a tip-credit rate, an amount less than the minimum wage with the expectation that tips will make up the difference. It goes...more

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by...

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court...more

San Diego City Council Amends Local Sick Pay Law

On July 26, the San Diego City Council ratified a minimum wage and sick pay ordinance approved by voters on June 7. Effective as of July 11, the ordinance imposes a citywide minimum wage rate and also obligates businesses to...more

Massachusetts Legislature Passes New Pay Equity Law

The Massachusetts Legislature passed new pay equity legislation on July 23, 2016. Governor Baker has been reported to have said that he will sign the legislation. The new law will take effect on January 1, 2018. The...more

EEOC Announces New Process for 2016 EEO-1 Data File Uploads

The 2016 EEO-1 filing period is fast approaching. Once the 2016 Survey opens, companies will have until September 30, 2016 to complete their annual filing requirements. On July 25, 2016, the EEO-1 Joint Reporting Committee...more

EEOC Revises, Delays Pay Data Collection Proposal

On July 14, the Equal Employment Opportunity Commission announced changes to its proposed employer pay data collection proposal. The proposal would require employers to submit on an annual basis summary pay information for...more

Brazil Labor & Employment Update

Recently published information shows that Brazil’s economic struggle continues to affect employment. According to information provided by the agency IBGE, the unemployment rate after the first quarter of 2016 was 11.2%, with...more

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

"White Collar" Exemption Changes:  Keep Calm And Carry On

Recent Congressional initiatives have targeted the impending increases in the U.S. Labor Department's dollar-amount thresholds for most of the federal Fair Labor Standards Act's so-called "white collar" exemptions. There...more

House Appropriations Committee OK’s Spending Bill that Prohibits Enforcement of Controversial DOL and NLRB Regulations and...

On July 14th, the House Appropriations Committee approved a $161.6 billion draft Labor, Health, and Human Service bill that contains several provisions that would prevent the Department of Labor (“DOL”) and the National...more

EEO-1 Pay Data Rule: The EEOC Listened (Sort of)

In our February 29, 2016 blog, we warned of concerns employers should have about the EEOC’s proposal to begin collecting pay data as part of the EEO-1 form, currently filed by employers with more than 100 employees and some...more

Employment Law Alert: Will You Need to Pay Overtime to Your Salaried Workforce?

New Questions Arise as the Federal Minimum Salary Levels for Exempt Employees Will More Than Double on December 1, 2016 - The U.S. Department of Labor (“DOL”) has issued new regulations which increase the minimum salary...more

FAQs on the Final Overtime Regulations

On May 18, the U.S. Department of Labor’s (DOL) Wage and Hour Division released the new final overtime rule. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair...more

Unpaid Volunteers Are Not “Employees”, Says Court

The CHRO is no stranger to taking aggressive positions in the court system. So, it can really be no surprise that the agency wanted to expand who is covered by the state’s anti-discrimination laws....more

Seventh Circuit Serves Up Employer-Friendly Recipe For Compensating Tipped Employees

Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above...more

Labor Alert: New LA ordinance requires 48 hours of paid sick leave per year for all employees

Los Angeles area employers are now required by law to provide their employees with even more paid sick time off. On June 2, 2016 the City of Los Angeles passed a new ordinance (Ordinance No. 184320) (the “Ordinance”)...more

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

OSHA Settlement May Point Direction on Injury Reporting Policies

Earlier this year, the Occupational Safety and Health Administration (OSHA) signaled an intention to take employers to task for maintaining policies that required employees to immediately report workplace injuries and...more

Revised EEO-1 Requirements Give EEOC New Window into Your Employment Practices

Employers with more than 100 employees and federal contractors are probably more than familiar with the EEO-1 reporting requirements, but those requirements are about to change. On July 13, 2016, the Equal Employment...more

Chicago Minimum Wage Increased Again On July 1, 2016, And Updated Notice Must Be Given To Employees

As previously reported in The Fast Laner, the Chicago Minimum Wage Ordinance incrementally increases each on July 1 of each year until it reaches $13.00 per hour in 2019. Therefore, as a reminder, effective July 1, 2016,...more

NLRB Decision Potentially Expands "Perfectly Clear" Successorship Rule

The National Labor Relations Board (NLRB) issued a decision in Nexeo Solutions, LLC earlier this week, ruling that the buyer in an asset purchase of the seller’s business was a "perfectly clear" successor. As a result, the...more

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

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