Wage and Hour Employer Liability Issues

News & Analysis as of

New York Establishes a Super IC Misclassification-Plus Task Force

Yesterday, New York Governor Andrew Cuomo signed Executive Order No. 159 expanding the existing Joint Enforcement Task Force on Employee Misclassification into a Joint Enforcement Task Force on Worker Exploitation and...more

Fairness and Employee Motivation

A positively motivated workforce is the linchpin of organizational effectiveness and efficiency. This is why employment motivation attracts considerable attention from management scholars and practitioners alike. Motivation...more

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash! Surely, this...more

Fourth Circuit Says Failure to Advise Employee of Leave Reinstatement Interfered with FMLA Rights

The U.S. Supreme Court’s 2002 Ragsdale decision rejected Department of Labor regulations stating that failure to provide employees with notice of leave rights was a per se violation of the Family and Medical Leave Act....more

That’s a Wrap: Fox Reaches Deal with Unpaid Interns

Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used...more

Benefits Litigation Update – Summer 2016

Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary...more

New York State DOL (Yet Again) Issues Draft Regulations on Payroll Debit Cards and Other Wage Payment Issues

After a nearly eight-month delay, the New York State Department of Labor once again published draft Regulations governing the payment of employee wages via payroll debit cards, direct deposit, and other means. As we...more

FLSA's Civil Money Penalties To Increase

The U.S. Labor Department has issued an Interim Final Rule that will substantially increase the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and related...more

New Pay Secrecy Law Finds a Place in Court With Lawsuit

Well, it was bound to happen. After nine years of writing the blog on a near daily schedule, some work and personal commitments interfered with my blog writing schedule. But never fear, more new posts from me are now right...more

Court Places CA Piece-Rate Pay Statute’s July 1 “Safe Harbor” Filing Deadline on Hold

On June 30, 2016, Judge Jeffrey Hamilton of the California Superior Court in Fresno County granted a temporary restraining order (TRO) preventing the enforcement of various aspects of California’s new piece-rate pay statute,...more

Philadelphia's New Wage Theft Ordinance: What Employers Need to Know

On July 1, 2016, the Philadelphia Wage Theft Ordinance went into effect. The Ordinance creates a new avenue for complaints alleging nonpayment of wages or “wage theft,” and the position of “Wage Theft Coordinator” to...more

June 2016 Independent Contractor Misclassification and Compliance News Update

The poster children of IC misclassification cases dominated the news in June: Uber, Lyft, GrubHub, FedEx, an exotic dance club, and a trucking transport company. It was not a good month for any of them, yet as we have...more

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

Time to Act - Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL...more

Oregon Tiered Minimum Wage Increase Effective, July 1, 2016

Oregon’s new minimum wage law which phases in wage increases over a six-year period starts, July 1, 2016. The minimum wage for medium and high density counties – listed below – rises to $9.75. The minimum wage for low...more

Maryland Employers Be Aware: Effective Today Maryland’s State-Wide Minimum Wage Increases to $8.75 Per Hour And Montgomery County...

Today, July 1, the statewide minimum wage in Maryland increased from $8.25 per hour to $8.75 per hour. This represents a regularly-scheduled increase as part of the Maryland Minimum Wage Act of 2014 (the “Act”), which will...more

Carreras v. United First Partners Research

Mr Carreras habitually worked long hours as an analyst for United First Partners Research, a brokerage firm. This ended when he had a cycling accident and suffered physical symptoms amounting to a disability under the...more

Unions Pressure Carolina Farmers

Carolina farmers must constantly deal with changing weather and markets. Add one more challenge: labor unions. Recently, labor unions have actively targeted certain agribusinesses in the Carolinas....more

Maryland Employers Will Face Tougher Sanctions for Misclassifying Workers as Independent Contractors

The heightened focus on misclassification of workers as independent contractors should cause concern for employers. At least 30 states have partnered with the federal government to target worker misclassification, with...more

Fifth Circuit Addresses FLSA Tip Credits Once Again

The Fifth Circuit has had tipping on its mind, as the decision of Steele v. Leasing Enterprises, Ltd., represents its second opinion within ten months addressing this pay practice. On the heels of Montano v. Montrose, the...more

Los Angeles and San Diego set to increase Minimum Wage And Paid Sick Leave for employees effective July 2016

In July, employers operating in Los Angeles and San Diego will be required to comply with increased minimum wage and paid sick leave requirements under new ordinances recently approved by each municipality. The Los Angeles...more

Philadelphia’s Tough New Anti-Wage Theft Law Effective July 1

Effective on July 1, 2016, the City of Philadelphia’s Wage Theft Law imposes higher penalties for violations than currently are imposed by the state’s anti-wage theft law, provides for a private right of action for alleged...more

Chicago City Council Passes Paid Sick Leave Ordinance

Effective July 1, 2017, an amendment to the Chicago Minimum Wage Ordinance (2-25-050) requires employers in the City of Chicago to provide eligible employees up to 40 hours of paid sick leave in each 12-month period of their...more

Here's a tip: Don't skim from employee tips

Hospitality industry employers take note: If you claim a “tip credit” toward the minimum wage for any of your employees, you need to make sure that all tips are properly distributed to employees. A recent case from the Fifth...more

D.C. and Maryland Set to Increase Minimum Wage on July 1, 2016

As of July 1, both Maryland’s and the District of Columbia will increase the minimum wage. Maryland’s minimum wage will increase to $8.75 per hour while the District of Columbia’s will increase to $11.50 per hour. Employers...more

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