Wages

News & Analysis as of

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

Don't Fall Into The Gap: Wage/Hour Lawsuit Highlights Risks For Employers

In August, the U.S. Circuit Court of Appeals for the 3rd Circuit affirmed dismissal of five purported class or collective actions brought against a number of healthcare systems and their affiliates. Although favorable for the...more

Voters Approve Minimum Wage Hikes In San Francisco And Oakland

On Tuesday, San Franciscans overwhelmingly voted to raise the City’s minimum wage to $15.00 over the next few years. The San Francisco current minimum wage of $10.74 is already higher than both the federal minimum wage of...more

Overtime Payments Included In Paid Holiday

The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more

Wage and Hour 2014 Election Results Roundup: Minimum Wage, Paid Sick Leave Big Winners

Before the election, we talked about minimum wage and paid sick leave initiatives on the rise, including some important ballot issues. With most of the results tallied, it appears that the Republicans weren’t the only big...more

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

It's Official: $10.10 Minimum Wage For Government Contractors

The U.S. Labor Department (DOL) published final regulations implementing President Obama’s Executive Order, raising the minimum wage to $10.10 per hour for workers on government contracts. The new minimum wage will take...more

New Law Makes California Businesses Liable to Workers Supplied by Labor Contractors

Effective Jan. 1, 2015, businesses will be directly liable to workers supplied by labor contractors (including temporary and other staffing agencies) when those labor contractors fail to correctly and completely pay wages or...more

New York City Expands Living Wage Law for City Contractors

As we covered in a recent blog post on the living wage requirements for city contractors, on September 30, 2014, New York City Mayor Bill de Blasio signed an executive order that: (1) raises New York City’s “living wage”...more

Second Circuit Dismisses EEOC’s Equal Pay Suit for Port Authority Attorneys

EEOC v. Port Authority of New York and New Jersey, No. 13-2705 (2d Cir. Sept. 29, 2014): The Second Circuit Court of Appeals recently affirmed the dismissal of a lawsuit brought by the Equal Employment Opportunity Commission...more

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Bernstein Shur Business and Commercial Litigation Newsletter #45

We are pleased to present the 45th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address the stay of discovery in securities litigation, the failure to...more

Arizona Minimum Wage to Increase on January 1, 2015

On October 16, 2014, the Industrial Commission of Arizona (ICA) announced an increase to Arizona’s minimum wage. Effective January 1, 2015, Arizona’s minimum wage will increase to $8.05 per hour. This 15 cent increase over...more

Washington Supreme Court Finds Employer’s Discretionary Bonus Not Unlawful “Rebate” Under Wage Rebate Act (“WRA”)

In a 5-4 decision, the Washington Supreme Court has ruled in an employer’s favor and clarified what are, and are not, statutory “wages” and unlawful wage “rebates” under Washington State’s Wage Rebate Act (“WRA”), RCW 49.52...more

D.C. Amends Wage Theft Prevention Act to Increase Employer Obligations and Penalties

Absent Congressional action, employers in the District of Columbia will soon face a slew of new requirements and penalties as a result of the Wage Theft Prevention Amendment Act of 2014 (the "Act"), which amends a law that...more

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

Wage Order—Not Borello—Applies in Independent Contractor Status Test Says California Court of Appeal

The California Court of Appeal, Second District, issued an opinion on October 15, 2014, that considered whether the definition of “employee” from the Industrial Welfare Commission Wage Order No. 9 (Wage Order) or the common...more

Florida’s Minimum Wage to Increase on January 1, 2015

On November 2, 2004, Florida voters approved a constitutional amendment that created Florida’s minimum wage. The minimum wage applies to all employees in the state who are covered by the federal minimum wage. Florida law...more

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