News & Analysis as of

Wage and Hour Employer Liability Issues

6 Timekeeping Practices That Reduce Your Risk Of Wage-Hour Liability

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made....more

Preliminary Rules Released for Minneapolis and Saint Paul Sick Leave Ordinances

by Jackson Lewis P.C. on

The City of Minneapolis and the City of Saint Paul have issued their preliminary rules regarding their respective safe and sick leave ordinances, which are scheduled to go into effect on July 1, 2017. These preliminary rules...more

Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks

by Fox Rothschild LLP on

I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another one. A group of employees working for AC Moore, an...more

Giant Leap In St. Louis City Minimum Wage Is Imminent

Employers in St. Louis City should prepare for an imminent increase in the minimum wage from $7.70 to $10 per hour. On Tuesday, the Missouri Supreme Court issued its direction to lift an injunction blocking the City’s minimum...more

It’s Internship Time!

by SmithAmundsen LLC on

It’s that time of the year when college students will come knocking looking for a job or an internship. Depending on the nature of an organization’s business, an unpaid intern might be a great idea....more

Is Your Piece Rate Plan Up To Date?

by Jackson Lewis P.C. on

A piece rate exists where an employee is paid a fixed amount for each unit produced or action performed. Industries that commonly use piece rates include agriculture, automobile repair, trucking, manufacturing, and call...more

Both the City of San Diego and the State of California “Clarify” Their Sick Leave FAQs

by Jackson Lewis P.C. on

As we recently reported regarding the City of Los Angeles, both the City of San Diego and the California Department of Labor Standards Enforcement (“DLSE”) have updated their “Frequently Asked Questions” (“FAQs”) related to...more

The Cook County Commission on Human Rights Issues Proposed Regulations Regarding Its Sick Leave Ordinance

by Clark Hill PLC on

On November 16, 2016, Clark Hill wrote about the new paid sick leave laws in Chicago, Cook County and Illinois. One of those new paid sick leave laws is the Cook County Earned Sick Leave Ordinance (the "Ordinance"), which was...more

Another Oil Industry Class Action Settles – The Disturbing Trend Continues

by Fox Rothschild LLP on

There have been a number of FLSA lawsuits in the energy industry of late, focusing on unpaid overtime. One of these employers who was sued, Key Energy, has just settled two class actions for $3 million. The case is entitled...more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

by Jackson Lewis P.C. on

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v....more

Flagged Down: Second Circuit Finds NYC “Black Car” Drivers Are Independent Contractors

The Second Circuit has affirmed the dismissal of a class action of New York City “black car” drivers who alleged they were misclassified as independent contractors by their dispatchers. In reaching its ruling, the Court found...more

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly...more

Global Employment Law Update - April 2017

by Hogan Lovells on

In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Is Your Timekeeping System Creating Wage-Hour Liability?

Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that...more

Did You Know…Blair v. Dole Food Company Provides Insight On Wage Statement Requirements

by Nossaman LLP on

On February 15, 2017, the California Court of Appeal in Blair v. Dole Food Company, Inc. clarified existing law regarding what information must be included on employee wage statements....more

Wage Violations Are Now “Public Record” Under Colorado’s New Wage Theft Transparency Act

On April 13, 2017, Governor Hickenlooper signed the Wage Theft Transparency Act into law, which is effective immediately. The Act makes “wage theft” violations in Colorado, including nonpayment of wages or overtime...more

Get a Handle on Changing Leave Laws

by PilieroMazza PLLC on

Picking up work across states can be challenging for any employer, particularly with respect to employment law, and it's not getting any easier. Recently, a number of states and localities are proposing and passing sick and...more

Where’s The Rest Of My Pay?

In Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal recently held that inside sales employees who are paid on a 100% commission basis must be separately compensated for their rest periods. Though inside...more

“Hiring Hazard” – NY City Employers May Soon Be Prohibited From Asking Applicants About Salary Histories

by Kelley Drye & Warren LLP on

On April 5, 2017, the New York City Council approved a bill which – once signed by the Mayor (a virtual certainty) – will prohibit private employers in the City from asking about, relying on, or verifying a job applicant’s...more

Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy

by Fox Rothschild LLP on

Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a proposed class of natural gas...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

by Littler on

As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more

Philadelphia To Prohibit Employer Questions About an Applicant’s Wage History

by Fox Rothschild LLP on

UPDATED 4/16/17 (Orig. published Dec. 8, 2016) Philadelphia will become the first city to ban employers from asking about the wage history of job applicants, an action with a goal of advancing wage equity. The...more

Employers Will No Longer Be Permitted to Ask About Previous Pay in New York City

by BakerHostetler on

On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers with four or more...more

Is This Your New Roadmap To Misclassification Success? Maybe.

by Fisher Phillips on

This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more

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