News & Analysis as of

Wages

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

by Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

The future of work: when will I be able to pay employees in Bitcoin?

by Seyfarth Shaw LLP on

We have been watching with close interest the exponential expansion of crypto-currencies. These instruments, such as Bitcoin, Ethereum and Litecoin, are methods of secure, electronic transfer of value between individuals...more

Is Your Company’s Hurricane Plan ready?

by Cozen O'Connor on

With the first tropical storm of the season bearing down on the Gulf Coast, it is a good time to dust off your HR Department’s Hurricane Plan and make sure it is up to date. If you don’t have one, it is an even better time to...more

Steps for Solving the Wage Deduction Dilemma

by Akerman LLP - HR Defense on

Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost...more

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

by Carlton Fields on

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates

by PilieroMazza PLLC on

The Agency accepted your bid and you have begun performance on the contract. You invested countless hours and dollars into providing the perfect, winning bid. But then the unthinkable happens, several months into...more

Tips, Service Charges & Automatic Gratuities and Why You Should Care

by Ervin Cohen & Jessup LLP on

Most employers are familiar with the basics. A tip is a voluntary amount of money a guest leaves for an employee over the amount due for the goods sold or services rendered. ...more

Littler Global Guide - Romania - Q1 2017

by Littler on

Public Sector Minimum Wage - New Order or Decree - The minimum gross wage in Romania increased from RON 1,250 to RON 1,450 (EUR 322) on February 1, 2017 as stated in January report. ...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

by White & Case LLP on

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

Pennsylvania Law Clarifies Use of Payroll Debit Cards

by Barley Snyder on

After initial confusion, employers may now legally use payroll debit cards to pay employees. While the courts have decried the practice as a violation of the state’s Wage Payment Collection Law, a new bill, signed by...more

New York DOL Challenges Rescindment of Payroll Debit Card and Direct Deposit Regulations

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Department of Labor has mounted a challenge to the successful appeal of its promulgated regulations governing payment to employees via payroll debit cards and direct deposit. The regulations...more

New York City Mayor Signs Law Barring Inquiries into Applicants’ Pay History

by Morgan Lewis on

New legislation effective October 31, 2017 prohibits employers from asking New York City job applicants about their past compensation and benefits....more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

New York City Passes Bill Barring Inquiries into Applicants' Pay History

by Morgan Lewis on

New legislation prohibits employers from asking New York City job applicants about their past compensation and benefits. On April 5, the New York City Council passed legislation prohibiting employers from inquiring about...more

D.C. District Court Dismisses a Hospital’s Challenge of Another Hospital’s Failure to Provide Wage Documentation to CMS

by King & Spalding on

On March 21, 2017, the U.S. District Court for the District of Columbia ruled that a hospital lacked standing to challenge a decision of the Provider Reimbursement Review Board (the “PRRB”), since the hospital failed to...more

New Jersey Bill Seeks to Expand Employer’s Obligations to Disclose Wage Information to Employees

On February 15, 2017, a bill that would require all public and private employers to provide their employees with additional information regarding wage calculations advanced in the New Jersey General Assembly. Under current...more

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Payment of Wages Through Mandatory Debit Cards

by Tucker Arensberg, P.C. on

Some employers have begun to pay employee wages through issuing debit cards, rather than cash, check or direct deposit. Recently, the Pennsylvania Superior Court addressed a class action challenge by McDonald’s employees...more

Missouri Supreme Court Upholds St. Louis Minimum Wage Ordinance

by Littler on

In a surprise development, on February 28, 2017, the Missouri Supreme Court upheld a minimum wage hike by the City of St. Louis. Cooperative Home Care, Inc., et al. v. City of St. Louis, Missouri. On August 28, 2015, St....more

News from the Vermont State House - An analysis from DRM's Government & Public Affairs Team - February 2017 #3

by Downs Rachlin Martin PLLC on

Act 188 Plans On Hold as New Chemical Bill is Introduced - Nearly three years after the legislature passed a law to regulate children’s products containing chemicals of high concern, a web site intended to inform the...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

NY Payroll Debit Card Regulation Declared Invalid

by Ballard Spahr LLP on

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals...more

Worker status – Pimlico Plumbers case

by Dentons on

Pimlico Plumbers engaged Mr Smith as a plumber for around five and a half years. Four months after he suffered a heart attack, Pimlico brought the engagement to an end. Mr Smith issued proceedings in the employment tribunal...more

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