Wages

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

Easing the Time-frames: W.Va. Relaxes the Time in which Employer Must Pay Discharged Employees

by Richard Wallace | Spilman Thomas & Battle, PLLC on 5/16/2013

Because of recently-enacted changes to the West Virginia Wage Payment and Collection Act, West Virginia employers will have more time to pay final wages to discharged employees. Prior to this change, the Wage Payment and...more

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

by Brian Arbetter, Terese Connolly | Sheppard Mullin Richter & Hampton LLP on 5/16/2013

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more

Employment Law Reporter - May 2013: California Court Holds That Piece Rate Employees Are Entitled To Hourly Pay For Waiting Time

by Randall Leff | Ervin Cohen & Jessup LLP on 5/15/2013

Like many other auto dealerships and other employers throughout the state, Downtown LA Motors, LP (“DLAM”), a Mercedes Benz dealership, compensates its service technicians on a piece rate basis. Under their system,...more

"They Owe You" Does Not Always Mean You Can Withhold

by Bennett Epstein | Foley & Lardner LLP on 5/14/2013

It is common for employees to separate from employment while still owing money to their employer. Such indebtedness can be generally attributed to a variety of causes, which can be broken down into three categories...more

Legal Alert: Fast Food Walkouts May Be Just Beginning

by Alec Beck | FordHarrison on 5/14/2013

The well-publicized citywide fast food walkout in New York City on April 4, followed by another in Chicago on April 24, appear to be just the beginning of efforts to pressure fast food restaurants into paying higher wages....more

Directors Remuneration: Enterprise and Regulatory Reform Act 2013 Published

by Orrick - Structured Finance Group on 5/9/2013

On May 2, the Enterprise and Regulatory Reform Act 2013 (ERRA) was published. The ERRA amends the Companies Act 2006 and introduces the following key changes to the legal framework for directors’ remuneration in quoted...more

Dealership Update, No. 2, May 2013: Did The Local DUI Lawyer Draft Your Pay Plans?

by Tillman Coffey | Fisher & Phillips LLP on 5/9/2013

Of course not. We just wanted to get your attention. The real question is when was the last time you reviewed your pay plans to make sure that they accurately reflected your current pay practices and policies, and...more

Employee Tip Pools: Dive In With Caution

by Adam Santucci | McNees Wallace & Nurick LLC on 5/9/2013

For those employers who employ “tipped employees,” i.e., employees who generally receive $30 or more per week in tips, a tip pooling arrangement may have some appeal. After all, such arrangements allow for an equitable...more

Liquor Law Update -- May 2013

by Barbara Darkes, Brian Gregg, Adam Santucci | McNees Wallace & Nurick LLC on 5/8/2013

In This Issue: Employee Tip Pools: Dive In With Caution; Ahhh…Spring; and The Ska/Duclaw Trademark Dispute Over Euphoria, Trademark Lessons for the Craft Brewer Excerpt from Employee Tip Pools: Dive In With...more

Quick Quiz: Day-Rate Pay Plans

by John E. Thompson | Fisher & Phillips LLP on 5/8/2013

The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each...more

New Mexico Enacts Fair Pay for Women Act

by Connie Bertram, Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 5/6/2013

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

Different Jurisdictions for Different Wage Payment Claims in Tennessee Now

by Miller & Martin PLLC on 5/3/2013

(1) Employers must notify employees of their rate of pay either prior to or as of when the employee begins work for them... ...more

Class Actions: Generally Not Nutritional

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/3/2013

A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011...more

California Piece-Rate Employees Entitled To Compensation For Each Hour Worked

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2013

Gonzalez v. Downtown LA Motors, No. B235292 (April 2, 2013): A California Court of Appeal recently held that automobile service technicians who were paid on a “piece-rate” basis should have been paid their minimum hourly wage...more

H-2B Adjudication Resumed

by Yova Borovska | Fowler White Boggs P.A. on 4/30/2013

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more

San Jose Minimum Wage is Now $10.00 Per Hour

by Betsy Johnson | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/29/2013

On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the city limits of San Jose...more

Fast Food And Retail Workers Strike In Chicago

by Neil S. Goldsmith | Franczek Radelet P.C. on 4/24/2013

Hundreds of fast food and retail workers will be striking in downtown Chicago today in an effort to push for higher wages as part of the “Fight for $15” campaign. This comes just weeks after fast food workers in New York...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

by Robert Hingula | Polsinelli on 4/22/2013

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

Don’t Talk, Don’t Tell

by Howard Ankin on 4/22/2013

Have you ever been told you are not allowed to discuss your salary with co-workers? Many companies have polices that strictly prohibit it. Often a statement such as this appears in the employee handbook....more

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

by Jodi M. Frankel, Adam Long | McNees Wallace & Nurick LLC on 4/22/2013

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

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