Wage and Hour Compliance

News & Analysis as of

Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75...more

California Paid Sick Leave Law Amendments: Effective Immediately

On July 13, 2015, California Governor Jerry Brown signed into law urgency legislation amending the Healthy Workplaces, Healthy Families Act of 2014, which generally requires employers to provide paid sick leave to almost all...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

Wage and Hour Basics Series: The "Fee Basis" and the Proposed FLSA Regulations

As we have discussed in the past, to be eligible for one of the “white collar” exemptions (executive, administrative, or professional) or as a highly compensated employee (HCE), Section 541.600 of the FLSA regulations...more

Preemption Law Results Show Different Approaches States Take with Local Sick Leave Measures

2015 has been a notable year for the passage and implementation of local mandatory paid sick leave (PSL) laws. In addition to statewide laws taking effect in California and Massachusetts, new local laws have taken effect in...more

Department of Labor Proposes Regulations Expanding Overtime Eligibility

On June 30, 2015, the U.S. Department of Labor (DOL) issued highly anticipated proposed regulations that would make it harder for employers to classify employees as exempt from overtime pay requirements. The proposal is in...more

How to Effectively Handle a Wage and Hour Government Investigation

According to recent studies, companies paid $400 million in 2014 and $39 million in the first three months of 2015 to settle wage and hour lawsuits exclusively. Aside from the ever-increasing threat of private wage and hour...more

DOL: Most Workers are Employees Under the FLSA

“Most workers are employees under the FLSA [federal wage and hour law],” the Department of Labor asserted last week in Guidance discussing what it described as the “problematic trend” of misclassifying workers as independent...more

California State Legislature Gives Employers Prescription(Rx) for New Sick Leave Law

On Monday, July 13, 2015, California Governor Jerry Brown signed a much anticipated “fix it” bill that amends the Healthy Workplaces, Healthy Families Act of 2014, clarifying the requirements of California’s sick leave law....more

Proposed DOL Rulemaking Means Uncertainty for Manufacturers

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on a proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455 per week...more

Recent Amendments Give California's Sick Leave Law A Much-Needed Shot in the Arm

California's passage of the Healthy Workplaces, Healthy Families Act of 2014 (otherwise known as California's paid sick leave law) had left open a number of questions regarding compliance with the law. As a result, the...more

U.S. Department of Labor's New Guidance on Independent Contractors Highlights a Key Risk Area for Employers

Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the...more

DOL Guidance Suggests Many Independent Contractors are Misclassified and Should be Covered by The FLSA

On July 15, the Department of Labor’s Wage Hour Division (WHD) issued guidance on how to identify employees who are misclassified as independent contractors. In a 15-page administrator’s interpretation (AI), WHD head David...more

Homejoy’s Shutdown, Due to Misclassification Lawsuits, Likely to Propel Tech Start-Ups to Enhance Their Independent Contractor...

Earlier Friday, it was reported by Carmel DeAmicis of re/code that Homejoy, the home cleaning start-up that uses independent contractors as their home cleaners, was closing down its operations due to four misclassification...more

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Rhode Island Enacts Legislation Requiring Accommodations for Pregnant Employees

On June 25, 2015, Rhode Island Governor Gina M. Raimondo signed legislation requiring Rhode Island employers to provide workplace accommodations for pregnant workers.  The new law, which went into effect immediately,...more

Employment Law in Colombia: Part III

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

Legal Issues Business Leaders Need to Know in 2015: Top 10 Checklist

A compilation of time-sensitive and trending legal and regulatory issues that general counsels and business leaders should be aware of in 2015. Employers Should be Aware of Multigenerational Workforce Risk - For...more

Proposed Changes to FLSA White-Collar Exemptions

On July 6, 2015, the U.S. Department of Labor publically released proposed changes to the FLSA white-collar exemptions that could have sweeping effects on all employers, large and small. Even though the final regulations will...more

Did You Know…Amendments to California’s Mandatory Paid Sick Leave Law Effective Immediately

Significant amendments to California’s new Paid Sick Leave Law, the Healthy Workplace, Healthy Families Act of 2014, went into effect immediately upon Governor Brown’s signature on July 13, 2015. The amendments include the...more

BREAKING: U.S. Department of Labor Issues Proposed Rule Amending the FLSA White Collar Exemptions

The U.S. Department of Labor (DOL) has just released its long-awaited proposed rule that would amend the minimum wage and overtime exemptions applicable to executive, administrative, professional, and computer employees under...more

A Wolf in Sheep's Clothing? The Department of Labor's Proposed Changes to the White Collar Exemptions

On June 29, 2015 the Department of Labor published its long-anticipated proposed rule and request for comments on changing the "white collar" exemptions for the executive, administrative and professional exemptions under the...more

DOL Will Require Overtime for Employees Who Earn Less Than $50,000

In a much-anticipated move, on June 30, 2015, the Department of Labor issued a proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards...more

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