Wage and Hour Employer Liability Issues

News & Analysis as of

S. CA Restaurant Chain to Pay Over $750,000 for Violating Wage & Hour Laws

The U.S. Department of Labor Wage and Hour Division  announced last week that a Southern California based restaurant chain will pay more than $750,000 in civil penalties and back wages for serious violations of wage and hour...more

Hold on to Your Seat - A Decision from the California Supreme Court Coming Soon

Most employers are now familiar with California’s “suitable seat” dilemma. Though state law requires most employers to provide employees with “suitable seats” to perform their work, no one is quite sure how to interpret this...more

The Department of Labor Issues Guidance on Joint Employment

On January 20, 2016, the U.S. Department of Labor (DOL) issued an Administrator Interpretation regarding what arrangements will constitute joint employment under the Fair Labor Standards Act (FLSA). Under the FLSA, when an...more

California’s Labor Enforcement Task Force Continues to Set Fire to the Underground Economy

If you’re a fan of the Hunger Games trilogy, either the books or the movies, you’re likely familiar with “The Hob,” the black market in District 12 where people buy and sell banned items. It’s where bow-wielding protagonist...more

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more

An Employee's "Hope" That She'll Return to Work Isn't Enough to Require Additional Leave under the ADA

One of the most difficult issues an HR professional or in-house employment counsel faces is how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The...more

DOL Issues Guidance on Joint Employment under FLSA

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

Employer Beware: Be Prepared for New Labor Regulations Coming in 2016

The Fair Labor Standards Act (“FLSA”) is quite possibly the labor law that employers grapple with more than any other. The regulations can be murky at best when actually applied and the price tag for running afoul of the...more

New York Employers – Looking Backward and Forward.

Last year was a ‘big year’ in New York in terms of new employment laws, and 2016 is shaping up to be just as big – as employers come into compliance with the many new laws, and brace for additional changes to come....more

2016 California Employment Law Update

A new year sometimes means a new start and a blank slate. Not so for California employers who tend to review their policies and practices to ensure compliance with the ever growing list of laws governing the employer-employee...more

Wage and Hour Law Continues to Be Hot

The number of federally filed wage and hour cases hit a new high in 2015, and, as Corporate Counsel reports, this trend is likely to continue in 2016. Similarly, California’s Division of Labor Standards Enforcement is...more

California Employers Will Be Facing New "Break Wars" In The New Year

Although meal periods have occupied central stage in class action litigation over the past decade in California, rest-period litigation will soon join the “break wars.” A new law that just took effect on January 1, 2016...more

16 Labor & Employment Resolutions for 2016

Chewbacca has announced that he and R2D2 will be challenging Donald Trump for the Republican nomination. And, now that I almost certainly have your attention, it is that time of year again — the time to review and reflect on...more

I’m Dreaming of a White Collar: 2015 Year in Review

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year....more

Court Clarifies On-Duty Meal Provisions

Plaintiff of a 24-Hour Residential Care Facility Denied Class Action Over On-Duty Meal Period Allegations - A California Court of Appeal affirmed the denial of a motion for class certification filed by a former employee...more

The 2015 Judicial “Hellholes” Report Is Out!

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

Seattle Adds Serious Teeth To Sick And Safe Leave Law

Amidst the uber-media commotion over the Seattle City Council’s December 14 adoption of a law allowing independent contractor rideshare drivers to unionize, many missed that Seattle also passed a significant bill amending...more

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Unpaid Internships: Stocking Stuffer for Employers, or a Proverbial Fruitcake?

It’s been said the best things in life are free. In California, where running a business is very expensive, an unpaid internship program might seem a perfect gift. Employers of all sizes and in virtually all industries use...more

New Year, New Laws for Employment Lawyers

The California legislature has enacted several new laws that will affect every employer and employment lawyer in 2016. Here’s an overview of some of the key statutory changes you need to know about....more

The Many Pitfalls of Worker Misclassification

Worker classification is an area of major concern for domestic and international employers of all sizes. Our Labor and Employment Group recently alerted you to significant regulatory action by the US Department of Labor...more

5 Things to Know About the U.S. Department of Labor’s Proposed Changes to the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released proposed regulations that would modify certain provisions of the Fair Labor Standards Act (“FLSA”), including the so-called “white collar exemptions.” ...more

Employee Training: Payment Obligations and Strategies for Employers

Many employees receive training related to their jobs, or to positions to which they might be promoted. Employers sometimes require employees to undergo training and provide the training in-house. In other situations,...more

New California Law Creates New Requirements for Employers Paying Workers on a Piece-Rate Basis

On October 10th, Governor Jerry Brown signed into law Assembly Bill No. 1513, which creates new burdensome rules for employers that utilize piece-rate employees in California. Effective January 1, 2016, the new law (which...more

USDOL Is "Reaching Out" To Retail Workers

Employers in the retail industry take note: The U.S. Labor Department's Wage and Hour Division has announced that it is "reach[ing] out to [retail] workers to educate them about their rights" under the federal Fair Labor...more

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