Wage and Hour Minimum Wage

News & Analysis as of

Latest on Uber: Are the Drivers Employees or Independent Contractors?

The California Labor Commission recently ruled an Uber driver was an employee of Uber–as opposed to an independent contractor–and therefore must be reimbursed approximately $4,000.00 for expenses she incurred as an Uber...more

The Department of Labor Proposes to Extend Overtime Pay to Nearly 5 Million Workers

Last month, the Department of Labor (“DOL”) released a proposal that would more than double the salary threshold that determines which workers are eligible for time-and-a-half pay when working more than 40 hours in a week....more

Texas Bill Protects Franchisors From Joint Employment Liability

Texas legislators recently passed S.B. 652, which seeks to protect franchisors from employment liability for the actions of franchisees. Enacted in June 2015, S.B. 652 amends the Texas Labor Code to specify that a franchisor...more

Copycat Ordinance: Los Angeles County to Adopt $15 Minimum Wage Similar to Recent Los Angeles Citywide Ordinance

On July 21, 2015, the Los Angeles County Board of Supervisors approved a motion directing County Counsel to prepare a “Countywide Minimum Wage Ordinance” to incrementally increase the minimum wage for Los Angeles County...more

New York Singles Out “Fast Food” Industry for Minimum Wage of $15.00

On July 27, 2015, the New York Fast Food Wage Board (“FFWB”) formally approved resolutions to increase the minimum wage for workers in quick-service and fast-casual restaurants in New York City and the rest of New York to...more

Navigating the Treacherous Waters of Tipped Employee Wages

As evening sets, many restaurants will find themselves bustling with customers and loyal patrons eager to put the day's work to rest. But while managers focus on reservations, inventory, food allergies, and table checks,...more

Play Ball and Win ‘Em All—Overtime Hits the Big Leagues

Continuing the trend of expanding Fair Labor Standards Act (FLSA) overtime rules outside the traditional realm of hourly manufacturing or retail workers, two recent events show that employers should be aware that exemption...more

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements...

The U.S. Department of Labor recently released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions, along with a fact sheet summarizing the proposed rule. The good news for...more

N.Y. State Fast Food Workers Likely To Win $15 Minimum Wage Raise

As previously reported, Gov. Andrew Cuomo in May empaneled a three-person wage board (the Board) to study and fix perceived wage inequality suffered by New York’s fast food workers – including by recommending whether, and by...more

Fenwick Employment Brief - July 2015

New Amendments Clarify California Paid Sick Leave - This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more

Department of Labor Guidance Clarifies Classification of Employees Under Fair Labor Standards Act

On July 15, the Wage and Hour Division of the Department of Labor (DOL) issued guidance to employers in determining whether a worker should be classified as an employee or independent contractor under the Fair Labor Standards...more

Nigeria: Part II

This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive...more

Q&A: Los Angeles’ Hotel Minimum Wage

Q. What is the legal status of Los Angeles’ hotel minimum wage ordinance? A. The associations that sought to obtain a preliminary injunction, The American Hotel and Lodging Association and the Asian American Hotel...more

New California Law Recognizes Cheerleaders as Employees Not Independent Contractors

Amid recent review of employees being misclassified as independent contractors, which may not entitle them to overtime, sick days and other protections, California governor Jerry Brown signed a bill into law requiring that...more

Looming Pay Hikes, Unions and Enforcement: A Primer on LA’s Increased Minimum Hotel Wage

Major metropolitan areas throughout the country have planned minimum wage increases to be implemented over the next few years. On June 3, 2015, Los Angeles joined a growing list of cities that includes San Francisco, Oakland,...more

Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75...more

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry)...more

Department of Labor Proposes New Overtime Regulations

On June 30, 2015, the Department of Labor (the “DOL”) released proposed modifications to its overtime exemptions under the federal Fair Labor Standards Act (the “FLSA”). The proposed revisions increase the minimum salary...more

New York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers

As we previously reported, New York Governor Andrew M. Cuomo recently appointed a Wage Board to make recommendations on increasing the minimum wage for New York State fast food employees. Throughout the recent public meeting...more

New York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees

It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay...more

New York Becomes First State Raise Minimum Wage to $15 . . . For Fast Food Workers

A panel appointed by New York Governor Andrew Cuomo recommended a minimum hourly wage increase to $15 for fast food service workers on Wednesday. The recommendation comes just three months after Governor Cuomo tasked the...more

Throw the DOL "Intern Fact Sheet" Away: Second Circuit Rejects DOL's Unpaid Intern Six-Factor and Adopts New "Primary Beneficiary"...

The Department of Labor's ("DOL") six-factor test has long been the incontrovertible standard for determining whether employers are required to pay an intern under the Fair Labor Standards Act. That may no longer be the case...more

U.S. Department of Labor to Expand Overtime Protections for “White Collar” Employees

On June 30, 2015 the U.S. Department of Labor (DOL) announced its proposal to revise its Fair Labor and Standards Act (“FLSA) regulations to narrow the exemptions from overtime pay for most so-called “white collar” employees....more

Alert: Hiring Unpaid Interns: Federal Court Changes (Some of) the Rules

On July 2, 2015, a federal appeals court upended the test companies and courts have relied upon for nearly seventy years to determine whether or not an intern must be paid. Instead, in Glatt v. Fox the Second Circuit Court of...more

Department of Labor: Most Workers Classified As Independent Contractors Are Employees

On July 15, 2015, the Wage and Hour Division of the Department of Labor declared the misclassification of employees as independent contractors to be "one of the most serious problems" at workplaces in the United States and...more

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