Wage and Hour Employer Liability Issues

News & Analysis as of

Don't Be Penny Wise and Pound Foolish - Advice for New Employers Regarding Employee Classifications

Entrepreneurs wear many hats, from providing a quality product or service to managing employees. New employers frequently expose themselves to liability when they think that ignorance is a defense that they can use if an...more

Joint Employment: Are Your Subcontractors Leaving You at Risk?

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great...more

What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal...more

Can Employers Require Their Employees to Remain On Call During Rest Breaks?

In another important decision regarding an employer’s obligation to provide rest breaks, the California Supreme Court in Jennifer Augustus et al. v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, dealt with two issues...more

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Employers Not Required to Track “Hours Worked” on Itemized Wage Statements for Exempt Employees

California employers are required to provide written wage statements to employees generally identifying the total hours worked during each period. The Labor Code provides an exception to this requirement for those employees...more

Fourth Circuit Offers New Test for Joint Employment under FLSA

The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc. has broad implications...more

Wage and Hour Compliance: Practical Tips For Preventing A Preventable Problem

Wage and hour litigation continues to pose a threat to employers, especially in California. There are many potential reasons for the persistence of this phenomenon, despite increased awareness of the issue by the business...more

D.C. Paid Family Leave Law to Take Effect Without Mayor’s Signature

Taking the middle road by returning the bill to the City Council without her signature, Washington, D.C., Mayor Muriel Bowser permits the D.C. Paid Family Leave law to continue down the path toward a 2020 payout for D.C....more

New York State REVOKES Rule On Wage Payment By Direct Deposit Or Debit Card – Would Have Taken Effect March 7

A regulation issued by the New York State Department of Labor that governed the payment of employees by direct deposit or payroll debit card has been revoked by the New York State Industrial Board of Appeals. The Board said...more

Update: DOL Regulation For Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or...more

NYSDOL Regulations Regarding Payment of Wages by Debit Card and Direct Deposit Have Been Revoked

In a decision issued yesterday, the New York State Industrial Board of Appeals (IBA) revoked the regulations regarding payment of wages by debit card and direct deposit. While the full decision is available here, the upshot...more

Scaling The Wall Of Conflicting "Tip Credit" Provisions

We've all struggled with what to do when we're given conflicting orders. Grandma says "have some pudding," and Pink Floyd's Roger Waters responds, "how can you have any pudding if you don't eat your meat?!" Employers are...more

UK Employment Tribunal Rules that Individuals Working in the “Gig Economy” are Entitled to Paid Leave

An Employment Tribunal in the United Kingdom ruled that a bicycle courier for CitySprint, a delivery firm, was a worker rather than self-employed and therefore entitled to paid leave. This is the most recent decision in a...more

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Compensation: Is it Becoming Employers’ Greatest Vulnerability?

A few weeks ago, a jury in New Jersey federal court found that Lockheed Martin discriminated against a former employee. The employee claimed that Lockheed violated federal and state laws by discriminating against him on the...more

New Year, Same Old Mistakes? Avoid Sexual Harassment At Your Dealership In 2017

Our last several Dealership Update newsletters have focused on new developments in dealership employment law, from heightened scrutiny of dealership arbitration agreements and employee handbooks, to the union threat in the...more

Is The New EEO-1 Form Here To Stay? Maybe Yes, And Maybe No . . .

As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more...more

UK Gender Pay Gap Reporting

We wrote about the Draft Gender Pay Gap Regulations in the April 2016 edition of A Month in UK Employment Law. In December 2016, the UK Government published a revised version of these Regulations which are expected to come...more

Sunset for day rates?

It is common, if not industry standard, for companies in oil and gas to utilize a "day rate" structure. For example, drillers may agree to pay a contractor $600/day per employee for certain services. That contractor will...more

Latest Developments from the Connecticut General Assembly: February 16th Public Hearing (Wage/Hour and Leave)

On Thursday, February 16, 2017, the General Assembly’s Labor and Public Employees Committee will conduct a public hearing on the following proposed bills, many of which concern “wage and hour” and leave issues (and some of...more

Disciplining February 17 General Strikers May Cause Problems for Employers

Organizers have called for a National General Strike Against the Policies of President Trump on February 17. Many of our clients are asking what their rights are in the event some of their employees choose to participate....more

Un-Brotherly Love: The Commonwealth Seeks to Preempt Philadelphia’s Wage Equity Ordinance Before It Takes Effect

The ink has yet to dry on Philadelphia’s newly-passed Wage Equity Ordinance and the Pennsylvania Senate has already passed a Bill that would preempt Philadelphia’s new law. The Bill is an amendment to the Commonwealth’s...more

Employers Face a Trio of Sick Leave Laws: Chicago, Cook County, and Illinois

As we previously reported, the Chicago City Council enacted a sick leave ordinance (“Chicago Ordinance”), requiring employers to provide employees with up to 40 hours of paid sick leave per year. Following in its footsteps,...more

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