Wage and Hour Employee Rights

News & Analysis as of

California Supreme Court Says Retiring Employees Must Be Paid Promptly

Seyfarth Synopsis: Under Labor Code section 202, California employers must pay all wages to an employee who “quits” within 72 hours, unless the employee has given 72 hours’ notice of the intent to quit, in which case the...more

Massachusetts Passes Radical Equal Pay Law

On August 1, 2016, Massachusetts Governor Charlie Baker signed An Act to Establish Pay Equity, which as the name aptly suggests, seeks to ensure equal pay for comparable work for all Massachusetts workers and equal...more

NLRB Changes the Rules for Union Organizing Yet Again

On June 11, the National Labor Relations Board ("the Board") again changed the standard for determining bargaining units that combine temporary and permanent work-site employees at a single facility. In Miller & Anderson,...more

Certificados de incapacidad por maternidad: Nuevas normas operativas para su expedición

Recientemente, el Instituto Mexicano del Seguro Social (en adelante IMSS) publicó a través de su página de internet la Circular 10/10 por medio de la cual se dieron a conocer nuevas normas operativas para la expedición de...more

Mexico: New Maternity Leave Regulations

The Mexican Social Security Institute (“Instituto Mexicano del Seguro Social,” hereinafter “IMSS”) recently published Circular 10/16 to announce new regulations for the issuance of maternity leave certificates.  These...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

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

The Ever-Evolving Obligations of California Employers to Provide Paid Sick Leave (and New Minimum Wage Requirements, too!)

This month, the Cities of Los Angeles and San Diego passed paid sick leave and minimum wage ordinances to go into effect soon. While all California employers have been required to provide paid sick leave to employees since...more

The DOL’s New FMLA Poster – Does It Impact Your FMLA Policy?

By now, you’re likely aware (and if you’re not, you should be) that, in April, the U.S. Department of Labor (“DOL”)issued a new “Employee Rights Under The Family And Medical Leave Act” poster, to replace the prior poster on...more

Minneapolis Approves Paid Sick Leave Law

The Minneapolis city council has approved an ordinance requiring employers with six or more employees to provide up to 48 hours of paid sick leave each year. Employers with five or fewer employees will be required to provide...more

Minneapolis Sick and Safe Time Ordinance Compliance Guide

On May 27, 2016, the Minneapolis City Council passed its long awaited Sick and Safe Time Ordinance, requiring most employers with employees working in the City of Minneapolis to provide paid sick/safe time to those employees...more

DOL Releases Updated FMLA Materials

The United States Department of Labor (DOL) recently issued a new Family and Medical Leave Act (FMLA) poster. Employers who are covered by the FMLA are required to display a DOL-prepared poster advising employees and...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

California DLSE Posts FAQs on New Fair Pay Law but Leaves Tough Questions Unanswered

Three months after the California Fair Pay Act took effect on January 1, 2016, the California Division of Labor Standards Enforcement (“DLSE”) has issued answers to FAQs about the new law, which by all counts is the most...more

California Raises its Minimum Wage and Expands Paid Sick Leave

When it wants to, the California Legislature can act with impressive speed. It did so last week on a minimum wage increase bill (SB 3)when, in less than 96 hours, it amended the legislation and sped it through two committee...more

Paid Sick Leave Bill Clears New Jersey Senate Again

The New Jersey Senate has again approved a bill, S-799, that requires New Jersey employers to provide paid sick leave to workers in the state for...more

Oregon’s Minimum Wage – What Now?

Oregon is making history, once again. The new minimum wage law (signed by Governor Brown on March 2, 2016) brings two new titles...more

China Employment Law Alert: Greater Marriage and Parental Leave Benefits for Qualified Couples in Shanghai

A policy shift has been taking place in China: governments are encouraging increased procreation by Chinese couples, and the “One-Child Policy” is being replaced by incentives that encourage citizens to marry earlier and have...more

New Rights for Zero-Hours Workers

A quick reminder that new rules in place as of 11 January 2016 give greater protection to zero-hours workers, protecting them from dismissal and suffering from a detriment if they seek to work for another employer while...more

Wage And Hour Developments That Affect All California Employers

I. MINIMUM WAGE UPDATE: A. Federal and State Requirements - The current federal minimum wage is $7.25 per hour. This has been the federal minimum wage for the last six years, and although there are proposals to...more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

Elizabeth Poised to Become the Tenth Municipality in New Jersey to Mandate Paid Sick Leave

Voters in Elizabeth, New Jersey overwhelmingly approved a public question on the ballot requiring private-sector employers in the city to provide paid sick leave to their employees. Elizabeth follows the lead of multiple...more

PilieroMazza Legal Advisor - Fourth Quarter 2015

More Small Business Subcontracting Plan Changes: SBA Proposes to Allow Subcontracting Plan Credit for Small Business Subcontractors at any Tier - Following recent proposed changes to the FAR’s small business...more

A Special Wage Rate for the Mercantile Industry

We have been asked from time to time by clients whether employees working for a business in the retail sale of goods are required to be paid a minimum of four (4) hours even if required to work less....more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

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