News & Analysis as of

California Enacts New Law Mandating Paid Sick Leave for Employees

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. As a result, most employers in California will be required to provide up to 24 hours (3 days) of...more

New Mandatory Paid Sick Leave Law for California (aka: Take Two Aspirin and Call Me in the Morning)

On September 10, 2014, California became the second state in the nation to require private sector employers to provide paid sick leave to their employees. ...more

New Law Requires California Employers to Provide Paid Sick Leave

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more

Is the Los Angeles Minimum Wage Increasing to $13.25 per Hour?

On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index...more

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

Fourth Circuit Indicates That Employer Was Not Required to Provide Reduced Hour FMLA Leave Due to Business Needs

Job-protected Family and Medical Leave does not need to be taken as full-time absences from work. In some circumstances, the employee will request temporarily reduced hours to deal with a medical issue. In others, the...more

Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

Maryland Employers Can Be Liable for up to Treble Damages for Misclassification "Overtime Pay" Claims Under State Law

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that employers can be held liable under the Maryland Wage Payment and Collection Law ("Wage Payment Law" or MWPCL) for all...more

State Law Wage & Hour Resource: You’ll Need It!

You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex;...more

Week in Review

As a follow up to our last Week in Review, wage and hour claims are still making headlines this week. Another technology company, SpaceX, has been sued for allegedly failing to provide employees with required breaks or to...more

Labor & Employment E - Note - August 2014

In This Issue: - S.E.I.U. Helps Fast-Food Workers Battle for $15 an Hour Wage - Obama Announces Fair Pay and Safe Workplaces Executive Order - Silicon Valley Hiring Conspiracy Settlement Insufficient, Judge...more

LinkedIn Compliance Settlement Highlights Why Wage and Hour Training Is So Critical

Last week, the Department of Labor announced that LinkedIn paid nearly $6 million ($3.3 million in back wages and $2.5 in liquidated damages) to 359 employees in back wages and damages for unpaid overtime, after an...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor...

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the...more

Employment Law: August 2014

California Supreme Court Weighs In On Commission Wages - Why it matters: Employers in California that pay commission wages should familiarize themselves with a new decision from the California Supreme Court limiting...more

NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees

Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more

EAT hears holiday pay appeals

Kate Hodgkiss, a Partner in our Edinburgh office, comments: At the end of last week the Employment Appeal Tribunal (EAT) heard complex legal arguments in the appeals in Bear Scotland and Hertel/Amec; better known as the...more

Eugene Follows Portland’s Lead: Employers Required to Provide Paid Sick Leave

The Eugene City Council passed a sick leave ordinance this week that affects most employers engaged in business in the City of Eugene. The Eugene ordinance, which is scheduled to take effect July 1, 2015, requires that...more

Another Increase in the Rhode Island Minimum Wage to $9/Hour

On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum...more

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

Employment Issues in the United Arab Emirates

The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). This note focuses on the UAE Federal Law No. 8 of 1980 (the Labour Law). It also describes the employment law that...more

Significant Changes Proposed to Ontario’s Workplace Laws

Ontario’s government introduced workplace legislation on July 16, 2014 that would affect five labour and employment statutes in the province. Significant changes that are proposed in the Stronger Workplaces for a Stronger...more

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