News & Analysis as of

Wage and Hour Unpaid Overtime Minimum Wage

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

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While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

ArentFox Schiff

Gramajo v. Joe’s Pizza: California Plaintiffs Winning Wage or Overtime Claims Must Receive Some Attorney Fees

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In Gramajo v. Joe’s Pizza on Sunset, Inc., Case Nos. B322992/B323024 (Cal. App. Mar. 25, 2024), the California Court of Appeal held that employees who win in court on a claim for minimum or overtime wages must be awarded at...more

Goldberg Segalla

What NY State Employers Need to Know about 2024 Employment Law

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It can be a challenge to stay on top of the ever-changing employment laws in New York State. Let us help. Attorneys in Goldberg Segalla’s Employment and Labor practice group synopsized 12 recent changes that impact the...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

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On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Seyfarth Shaw LLP

Wage Theft Now A Form Of Larceny In New York

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Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the...more

Bass, Berry & Sims PLC

Sixth Circuit Adopts New Certification Procedure Under the FLSA

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The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

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

Eleventh Circuit Rules Forensic Photography Intern is Not Entitled to FLSA Wages

On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair...more

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Manatt, Phelps & Phillips, LLP

California Appellate Court Affirms Motion to Compel Arbitration

In a victory for an employer, a California appellate panel affirmed an order to compel arbitration of a wage claim in a dispute against a mortgage company. As part of her onboarding process with AmeriHome Mortgage...more

Jones Day

Fifth Circuit Requires "Rigorous Scrutiny" Before District Courts Authorize Notice in FLSA Collective Actions

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The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more

Akin Gump Strauss Hauer & Feld LLP

Fifth Circuit Establishes New Standard For FLSA Collective Actions

Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more

Genova Burns LLC

Federal Court in Manhattan Vacates Key Part of USDOL’S Final Rule on Joint Employer Status

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On September 8, 2020 U.S. District Court Judge Gregory H. Woods in Manhattan granted partial summary judgment to 17 states and the District of Columbia striking down a major part of the Department of Labor’s Final Rule on...more

Fox Rothschild LLP

Defeat Of Restaurant FLSA Actions For Lack Of Credible Evidence Is Encouraging!

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Many wage-hour/overtime actions are brought against restaurants; this is, and has been for some time, a disturbing pattern. Coupled with this trend is the fact that it seems that this industry has certain “customs” on paying...more

White and Williams LLP

Pennsylvania Supreme Court Rejects Fluctuating Workweek Pay Method

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As previously reported, the U.S. Department of Labor (DOL) recently announced a proposed rule that clarified the fluctuating workweek method (FWW) under the Fair Labor Standards Act (FLSA). Now, just two weeks later, the...more

Payne & Fears

Key California Employment Law Cases: September 2019

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ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Epstein Becker & Green

New Jersey Enacts Sweeping “Wage Theft” Law

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On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Littler

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

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On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country.  As discussed below, the law substantially expands the civil and criminal...more

Jackson Lewis P.C.

New York Legislature Passes Bill Allowing Liens On Employers For Alleged Wage Claims

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A bill aimed at increasing protections for employer “wage theft” by allowing an employer’s current or former employee, or the New York State Department of Labor (NYSDOL), to place a lien on the employer’s interest in real or...more

FordHarrison

Judge Refuses To Dismiss Domino’s Collective Action Without Seeing Settlement Agreement

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On May 17, 2019, Judge Renee Marie Bumb of the United States District Court for the District of New Jersey rejected the parties’ request to dismiss a Fair Labor Standards Act (“FLSA”) lawsuit without the Judge’s review of the...more

Proskauer - Law and the Workplace

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more

Lewitt Hackman

Franchisee 101: Un-Merry Maids

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Employees of a Merry Maids home cleaning franchise brought a class action against the franchisee, the franchisor, its owner and affiliated entities claiming they were joint employers. A California federal district court...more

Payne & Fears

Key California Employment Law Cases: January 2019

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This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more

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