Wage and Hour Employer Liability Issues

News & Analysis as of

2016 Recap: A Busy Year for Employment Law

In case you missed it, 2016 was a banner year for the California Legislature in enacting new employment laws. Here are the highlights...more

Is Disloyalty Its Own Reward?

May a disloyal employee keep the compensation his employer paid him, even while he was betraying his employer’s trust? In a recent case, the Connecticut Supreme Court said “yes, at least in some circumstances.” Here’s the...more

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

Puerto Rico Enacts Equal Pay Act Prohibiting Gender-Based Pay Disparities

The Act also prohibits pay inquiries in the hiring process and limits restrictions on employee compensation discussions. Less than two months after the passage of the Labor Transformation and Flexibility Act that...more

Puerto Rico Equal Pay Act Aims to Close Gender Pay Gap

On March 8, 2017, Puerto Rico continued the overhaul of its employment laws by enacting, with immediate effect, Act No. 16, known as the “Puerto Rico Equal Pay Act.” The act is not only similar to the federal Equal Pay Act of...more

Four Compliance Items Connecticut Employers Can Check Now

It’s a challenge for employers to keep up with changes to employment laws. What’s the current status? What do I need to change? So, here are four quick things you can look at right now to ensure that you are up to...more

Attention Grammar-Lovers: First Circuit Proves Importance of the Oxford Comma

Think twice the next time you decide to forego the Oxford comma. For the non-grammar nerds in the room, the Oxford comma, otherwise known as the serial comma, is the comma used just before the coordinating conjunction (“and”...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

First Dibs: New Ordinance Requires San Jose Employers to Offer Additional Hours “In-House” to Qualified Part-Time Employees before...

For anyone who missed it, on Monday, March 14th the “Opportunity to Work Ordinance” (the “Ordinance”) went into effect in San Jose. The Ordinance, which was approved by voters on November 8, 2016, requires employers to offer...more

Word to the Wise: Commission Paid Employees

For several years, California law has required that whenever an employer hires an employee and “the contemplated method of payment of the employee involves commissions … the contract shall be in writing and shall set forth...more

Is Paid Family Leave In Employers’ Future?

Employers get ready. Paid family leave is coming. The latest move comes from Missouri Governor Eric Greitens (R), who granted paid parental leave to all state executive branch employees by executive order on March 13, 2017....more

Government Workplace Enforcement: Looking Back At 2016 and Ahead to 2017 – Trend #6

While the government enforcement lawsuits brought by the DOL and EEOC in 2016 were in line with their aggressive platforms, by sheer numbers of cases, their enforcement activities were arguably limited in their effectiveness,...more

Separate Compensation for Rest Breaks and Non-Productive Time Required for Non-Exempt Commissioned Employees

On February 28, 2017, in Vaquero, et al. v. Stoneledge Furniture LLC, the California Court of Appeal, Second Appellate District ruled that Wage Order 7-2001 (mercantile industry) requires employers to separately compensate...more

Spoiler Alert: Rulings Expected on Uber and Lyft Independent Contractor Settlements

Judges in California will likely soon issue rulings affecting two ride-sharing companies, Uber and Lyft. Those connected with the Lyft case will be pleased because it is expected that a federal district court judge in San...more

Compensation Limits on Employment Tribunal Awards

The compensation limits on Employment Tribunal awards and certain other amounts payable under UK employment legislation will increase as of 6 April 2017. This alert sets out the changes in full and highlights important...more

FAQs About Employee Travel Time — Is It Compensable?

There are few things more confusing to employers than the nitty-gritty rules of what is and is not compensable time for non-exempt employees under the Fair Labor Standards Act (FLSA). There are also few things more costly to...more

Travel Time: To Pay or Not to Pay

Do I have to pay my workers for travel time when I provide transportation to a job site? Slate Rock and Gravel, Inc. has a reputation for completing jobs on time and under budget. For their convenience, employees often...more

“Pre-Shift” Does Not Mean “Before-Shift”: Are Your Pre-Shift Meetings Violating The FLSA?

The popular workplace practice of holding a “pre-shift” meeting to set the tone of the workday and communicate important announcements can be very beneficial and may even boost workplace morale. But don’t be fooled by this...more

Breaking: Conn. Supreme Court Clarifies ABC Test for Independent Contractors

I’m back with news of a relatively big decision today from the Connecticut Supreme Court. In the decision, the Court clarified an important question that the Connecticut Department of Labor had been pushing hard....more

Puerto Rico Enacts Equal Pay Law, Prohibits Employers from Inquiring about Past Salary History

Almost two months after signing sweeping employment law reform, Governor Ricardo Rosselló has signed Puerto Rico Act No. 16 of March 8, 2017, known as the “Puerto Rico Equal Pay Act.” Act 16 is effective immediately....more

Double Up: New Jersey Senate Introduces Bill to Double Benefits for Paid Family Leave

The New Jersey State Senate has introduced legislation to expand benefits under the state’s Paid Family Leave Law. The bill (S-3085) would double the benefit period from six weeks to 12 weeks and increase the amount of...more

Weather Got You Down? How to Comply With The FLSA in Inclement Weather

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do? The answer depends on whether the employee is paid...more

New York’s Paid Family Leave Proposed Regulations: A Primer for Employers

On February 22, 2017, the New York State Workers’ Compensation Board unveiled proposed regulations concerning the state’s new Paid Family Leave (PFL) law. The PFL law was passed as part of the 2016 state budget and will...more

Oregon Court Summarily Dismisses Manufacturing Establishment Overtime Claims

On March 9, 2017, a Multnomah County judge dismissed the claims asserted by a putative class of workers in the closely-watched case Mazahua Reyes, et al. v. Portland Specialty Baking, LLC. All Oregon non-exempt employees...more

Independent Contractor Standards Uncertain Despite New Administration

Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming...more

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