Wages

News & Analysis as of

Employment & Labor Update - Supreme Court Approves Employers’ Right To Conduct Security Screening Without Wage Liability

On Wednesday, the Supreme Court ruled that employers have no obligation to pay their employees for time spent undergoing security screenings when those screenings are not integral to the employees’ job duties. Busk et al. v....more

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

After-hours Time Spent by Employees for Required Security Checks Is Not Integral to the Employees’ Job and Not Compensable under...

In Integrity Staffing Solutions, Inc. v. Busk et al., the United States Supreme Court ruled unanimously that workers who fill orders in Amazon.com warehouses need not be paid for the time they are required to spend waiting...more

$4.5 million wage settlement for Pa. and WVa. workers in oil and natural gas industry

On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...more

New Compensation Data Requirements Increase Burdens in Upcoming OFCCP Audits

Despite concerns regarding data security issues and potential compliance burdens, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently notified more than 2,500 entities of upcoming audits...more

U.S. Supreme Court Rules that Security Screening Time is Non-Compensable Under Federal Law and The Portal-to-Portal Act

In a decision issued on Tuesday, December 9, 2014, the United States Supreme Court ruled that employees are not entitled to compensation under the federal Fair Labor Standards Act (“FLSA”) for the time they spend waiting to...more

Employment Alert: U.S. Supreme Court - Federal Wage Law Does not Apply to Wait Time for Security Screening of Employees

In Integrity Staffing Solutions, Inc. v. Busk, et al. (Integrity), No. 13-433, the Supreme Court of the United States held the time spent by warehouse workers waiting to undergo and undergoing security screenings is not...more

U.S. Supreme Court Decides Time Spent in the Security Screening Process Is Not Compensable Under the FLSA

The U.S. Supreme Court handed down a unanimous opinion on December 9, 2014, in Integrity Staffing Solutions Inc. v. Busk et al., ruling that employees' time spent waiting to undergo and undergoing post-shift security...more

Arizona's Minimum Wage Will Increase On January 1, 2015

On January 1, 2015, the Arizona minimum wage will increase from $7.90 to $8.05 per hour. ...more

U.S. Supreme Court Finds Post-Shift Security Checks Noncompensable in Integrity Staffing v. Busk, But Employers Shouldn’t Get Too...

The U.S. Supreme Court, in a rare unanimous decision earlier this week in Integrity Staffing Solutions v. Busk, held that time spent by warehouse employees at Amazon.com warehouses waiting to go through security checks at the...more

Is Compensation Owed for All Employer-Required Activities?

An employer requires a large number of its employees to spend (on average) between two and two and one-half hours per week performing certain activities prior to leaving the employer’s jobsite. The employees’ demand for...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Supreme Court Decides No Pay Owed for Amazon Warehouse Security Checks

On December 9, 2014, the U.S. Supreme Court unanimously held in Integrity Staffing Solutions, Inc. v. Busk, that Amazon warehouse employees were not entitled to pay for the time spent waiting to go through security checks at...more

Wage Exemption Amount for Restraining Notices and Levies under New York State Law to Increase to $2,100 as of December 31, 2014

Under New York’s Exempt Income Protection Act (“EIPA”), certain funds in deposit accounts are exempt from most restraining notices and levies. One exemption under the EIPA is for an amount deemed to be protected wages, with...more

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

Chicago Approves Ordinance to Increase the Minimum Wage

The Chicago City Council has approved an ordinance (“Ordinance”) to increase the city’s minimum wage to $10 per hour on July 1, 2015, with successive increases to $10.50 per hour on July 1, 2016; $11.00 per hour on July 1,...more

Security Checks Ruled Non-Compensable Time by U.S. Supreme Court

The U.S. Supreme Court ruled yesterday that employees who are required to wait in line to pass through a security check before leaving at the end of their shift are not entitled to compensation for that time. In a unanimous...more

How to project gainful employment rates – Part 5

With this fifth and final post, we’re wrapping up our REGucation series on projecting gainful employment rates. We’re also pleased to announce that in the coming days, we’ll be publishing the entire series in a white paper...more

Paycard Use Comes With Convenience, Regulation

For some employers, paycards have become a convenient and cost-effective alternate method to pay their workers, and for employees to have fast and easy access to their wages. Even direct deposit, for all the administrative...more

Employment Income not Substantively Connected to a Reserve is Taxable

In Baldwin et al v the Queen, 2014 TCC 284, the Tax Court of Canada had an opportunity to consider section 87 of the Indian Act and when employment income is “situated on a reserve” for tax purposes....more

Hidden Employment Reef Awaiting Captains Of Commerce?

When a company is acquired in a stock sale, its shareholders are routinely required to sign what is known as a Letter of Transmittal (“LOT”). Standard LOTs include a release of all claims. But, due to a quirk of California...more

First Circuit Analyzes Whether Employees' Fluctuating Pay Meets FLSA's Salary Test

A recent First Circuit decision demonstrates how, in determining whether employees meet the FLSA's salary requirement,courts can look at how the employees are actually paid rather than any theoretical payment plan in...more

Six-Year Statute of Limitations Applies to Claims Under the New Jersey Wage Payment Law, New Jersey District Court Holds

A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., that section of the New Jersey wage and...more

New Jersey Department of Labor Amends Minimum Wage Regulations

The New Jersey Department of Labor amended N.J.A.C. 12:56-3.1 to reflect the recent amendment to the New Jersey Constitution that raised the minimum wage to $8.25 and created yearly increases to the minimum wage tied to the...more

Four States and Two Cities Hike Their Minimum Wage Rates

Somewhat overlooked in this week’s election were the minimum wage referenda on the ballots in a number of states. Continuing a growing national trend, voters in Alaska, Arkansas, Nebraska and South Dakota approved proposals...more

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