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Fox Rothschild LLP

Stock Options are Not Wages Under the California Labor Code

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In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price...more

CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

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

USCIS Issues Guidance on Employers’ Ability to Pay Proffered Wage to Support Employment-Based Immigrant Petitions

On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying how the agency analyzes an employer’s ability to pay the proffered wage to support immigrant petitions in the...more

Jackson Lewis P.C.

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

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A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Stoel Rives - World of Employment

Ninth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSA

It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay.  But that truism begs the question: what exactly is the regular rate of pay?  Earlier this week, the Ninth Circuit analyzed...more

BakerHostetler

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

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In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...more

Husch Blackwell LLP

Consolidated Appropriations Act: Important Changes To The Employee Retention Credit

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The CARES Act created a refundable “employee retention credit” as incentive for employers to retain their employees during the 2020 pandemic. Specifically, employers received a credit against their share of the Social...more

Holland & Hart - Employers' Lawyers

New Regulations Narrow Eligible H-1B Occupations and Increase Required Wages for H-1B Workers

In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more

Allen Matkins

California Governor Signs "Wacky" Successor Liability Bill Into Law

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Suppose you had a ne'er-do-well family member with whom you have not spoken in years.  Suppose further that your family member has a minority interest in a restaurant and that you happen to be a vice president of an unrelated...more

Bennett Jones LLP

Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021

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The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021....more

ArentFox Schiff

NLRB General Counsel Makes it Easier to Attack Neutrality Agreements

ArentFox Schiff on

A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign. In practice, though, some agreements require the employer’s active support. Not only that, but...more

Allen Matkins

California Poised To Enact Wacky Successor Liability Statute

Allen Matkins on

I have previously written about California Assembly Member Lorena Gonzalez's bill, AB 3075, that would would make successor employers liable for their predecessors' unpaid wage judgments.  Last week, Assembly Member Gonzalez...more

Foley & Lardner LLP

Antitrust Tips for Attending a 'Virtual' Trade Association Meeting

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Trade associations serve many valuable purposes for employees and businesses alike. They serve as forums for professionals within a particular industry, subject to applicable legal parameters, to share knowledge and best...more

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

Canada’s Federal Government Expands COVID-19 Emergency Wage Subsidy Eligibility Criteria

On April 1, 2020, Canada’s Minister of Finance announced the federal government’s plans for a comprehensive wage subsidy program that would cover up to 75 percent of an employee’s regular wages for up to 3 months. As...more

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

Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules...more

Littler

What Will the Democratic Takeover of the House of Representatives Mean for Labor and Employment Law?

Littler on

While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more

Seyfarth Shaw LLP

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

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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

Seyfarth Shaw LLP

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

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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

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

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

Fisher Phillips

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

Fisher Phillips on

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Littler

Why Learning How to Count to 26 Just Became Important: Recent Changes to California and Local Minimum Wage Laws

Littler on

Recently California’s Division of Labor Standards Enforcement (“DLSE”) issued an FAQ concerning 2016 legislative changes that impact the state minimum wage in 2017 and future years. The most notable change was the creation of...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

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Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

Troutman Pepper on

Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Littler

The Philadelphia Wage Equity Bill Will Ban Employers From Asking Prospective Employees About Their Past Wages and Fringe Benefits

Littler on

On December 8, 2016, the Philadelphia City Council passed a Wage Equity Bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history. The Bill has been publicly supported by...more

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