News & Analysis as of

Wage and Hour Third-Party

Conn Maciel Carey LLP

Crossover Alert: Illinois Day and Temporary Labor Services Act Imposes Various Labor Law and Workplace Safety Requirements on...

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By: Ashley D. Mitchell & Aaron R. Gelb On August 3, 2023, Illinois Governor J.B. Pritzker signed several amendments to the Illinois Day and Temporary Labor Services Act (“Act”) into law. The Act provides protections to...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Constangy, Brooks, Smith & Prophete, LLP

Three proposed Illinois bills to watch: Family responsibilities, reproductive decisions, and harassment standards

Three bills are making their way through the Illinois state legislature that would amend the Illinois Human Rights Act by setting new standards for employer responsibilities and employee rights in the workplace. Here is a...more

Jackson Lewis P.C.

Pay Transparency Requirements Impacting the Retail Industry

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As more state and local pay transparency laws are enacted throughout the country, retail industry employers face a new challenge in an ever-evolving industry. State Pay Transparency Laws Pay transparency laws are in effect...more

Gould + Ratner LLP

Illinois House and Senate Pass Important Amendment to Day and Temporary Labor Service Act

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On November 9, 2023, the Illinois General Assembly passed HB3641, which among other things, amends the start date for the calculation of the 90 calendar days under the new equal pay and benefit section of the Illinois Day and...more

Perkins Coie

Illinois Joins the Growing List of States With New Pay Transparency Laws

Perkins Coie on

Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

Jackson Lewis P.C.

DOL Proposes Allowing Union Representatives, Others to Participate in OSHA Inspections: What It Means

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking to amend its regulations to allow employee-authorized third-party representatives to accompany Occupational Safety and Health Administration...more

Troutman Pepper

Maryland Issues Guidance on Earned Wage Access Products

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On August 1, Maryland’s Office of Financial Regulation (OFR) issued guidance to “provide clarity on how [the OFR] views Earned Wage Access [EWA] products and to describe the requirements entities offering these products must...more

Gould + Ratner LLP

Sweeping Changes to Illinois Law Governing Temporary Staffing Agency Workers - UPDATED August 7, 2023

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A bill significantly increasing the rights in Illinois of temporary workers and requiring temporary staffing agencies and their third-party clients to strengthen safety protocols has been signed into law by Gov. J.B. Pritzker...more

Gould + Ratner LLP

Sweeping Changes to Illinois Law Governing Temporary Staffing Agency Workers

Gould + Ratner LLP on

A bill significantly increasing the rights of temporary workers and requiring temporary staffing agencies and their third-party clients to strengthen safety protocols was passed on June 16, 2023, by the Illinois General...more

Fox Rothschild LLP

New Colorado Law Prohibits Seeking Age and Age-Adjacent Information From Applicants

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Colorado Gov. Jared Polis has signed the Job Application Fairness Act into law. Passed by the Colorado Legislature during the 2023 legislative session, this short law takes effect on July 1, 2024, and will significantly...more

Jackson Lewis P.C.

New Jersey Enacts ‘Bill of Rights’ for Temporary Workers

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New Jersey Governor Phil Murphy has signed into law the “Temporary Workers’ Bill of Rights,” providing temporary workers significant rights regarding their employment through temporary help service firms. Notice obligations...more

Fox Rothschild LLP

New York City Passes Sweeping Food Delivery App Laws

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New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more

Tonkon Torp LLP

DHS Publishes Regulation Impacting H-1B Program

Tonkon Torp LLP on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

Foley & Lardner LLP

DOL Issues New Wage and Hour Opinion Letters

Foley & Lardner LLP on

On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues. Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more

Spilman Thomas & Battle, PLLC

The REAL Trending Litigation Topics Regarding COVID-19: April 20-24, 2020

Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below....more

Littler

Littler Global Guide - France - Q4 2019

Littler on

Reporting Harassment to Third Parties Constitutes Slander - Precedential Decision by Judiciary or Regulatory Agency - When reporting facts that can form the basis for a complaint of harassment (moral or sexual), the...more

McNees Wallace & Nurick LLC

New FLSA Compliance Landmine: Beware Bonuses Paid by Third Parties to Your Employees!

For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums.  In other words,...more

Troutman Pepper

Agreement Between the Parties Dictates Whether a Third Party Bonus Should be Included in the Calculation of Overtime Pay

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Q.  A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline.  Does the FLSA require my company to account for these third-party bonuses when...more

Parker Poe Adams & Bernstein LLP

Bonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes

Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating...more

Seyfarth Shaw LLP

Does a Third-Party’s Bonus Payment to Your Employees Require You to Pay More Overtime? Citing Clark Griswold, Appeals Court Says...

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Seyfarth Synopsis: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision...more

Nossaman LLP

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

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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

Proskauer - Minding Your Business

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

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