News & Analysis as of

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

Employers Must Post Updated Minimum Wage Order by July 1, 2014

Effective July 1, 2014, the California minimum wage increases to $9.00 per hour (from $8.00). It will increase further to $10.00 per hour effective January 1, 2016. Employers must post the applicable California Department of...more

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split...more

DOL Proposes New Federal Contractor Minimum Wage to Carry Out Executive Order

In February, President Obama signed Executive Order 13,658 increasing the minimum wage for work performed by federal contractors to $10.10 per hour. The Order resulted from the administration’s continuing frustration with...more

Department of Labor Announces Proposed Rules to Raise the Minimum Wage for Federal Contract Workers; Federal Contractors Should...

In response to President Obama's Executive Order earlier this year, the Department of Labor has issued a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for raising the minimum wage paid to...more

DOL Proposes Rule to Establish Higher Minimum Wage for Federal Contractors

The rule would set the wage at $10.10 for covered contracts beginning in 2015. On June 17, the U.S. Department of Labor (DOL) formally proposed a new rule to implement Executive Order 13658, which, in February 2014,...more

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

One Step Closer to a $10.10 Minimum Wage for Federal Contractors: Proposed Rule Implements EO 13658

On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The...more

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

Ignoring the Bonus True-Up: How a Seemingly Small Oversight Can Lead to Complex Litigation

As many employers recognize, a seemingly small oversight in administering employee payroll can have significant consequences, including unexpected complex litigation. One such oversight is failing to consider the wage-hour...more

Settlement Between U.S. Department of Labor and Blueberry Growers Vacated

In 2012, the Department of Labor accused Oregon blueberry growers of employing "ghost workers" resulting in minimum wage violations. The DOL then issued what is known as a "hot goods order"...more

Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast,...more

Ongoing Confusion About Tips, Even From The White House

Recently, I explained that revising the FLSA regulations will not be easy, and highlighted tip credits as one such area in particular. In my last post, I discussed yet another case involving the miscalculation of wages for...more

President Obama Directs USDOL To Revamp FLSA Overtime Exemptions So More Employees Are Eligible For Overtime Pay

On March 13, 2014, President Obama signed a Memorandum directing the U.S. Department of Labor (USDOL) to revamp the regulations regarding who qualifies for overtime under the Fair Labor Standards Act (FLSA). The FLSA...more

President Obama Delivers Double Dose of Wage-Related Rules to Employers

President Obama signed two important documents this week that impact many employers. First, he signed an Executive Order protecting employees who disclose their compensation to co-workers. Second, he sent a Presidential...more

President Obama Wields His Executive Power Once Again to Target Federal Contractors on Pay Issues

On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring...more

Time To Update Your New Jersey Wage And Hour, Payment Of Wages Posters

The New Jersey Department of Labor (NJDOL) just updated two of its mandatory workplace posters, which New Jersey employers should post immediately. The Wage and Hour Law Abstract has been updated to reflect the new minimum...more

Federal Minimum Wage Stagnant but 13 States Raise Their Minimum Wages

In 2013, the U.S. Department of Labor made raising the federal minimum wage one of its priorities. The federal agency sought to create a discussion about the minimum wage through social media and town hall meetings across the...more

Act Now Advisory: Reminder to New York Employers: Annual Wage Notices Must Be Distributed by February 1 and Minimum Wage Has...

New York employers should be aware that, effective December 31, 2013, the statewide minimum wage increased from $7.25 to $8.00 per hour. This is the first in a series of incremental changes that will see the hourly minimum...more

Bi-Weekly Pay in RI - Finally!!

We alerted you a few weeks ago that while we were all excited about the prospect of bi-weekly pay, we were still waiting for the required application to appear on the Rhode Island Department of Labor and Training ("DLT")...more

Paying Elves And Interns!

Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more

Legislative and Other Developments Affecting California Employers in 2014

This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Understanding Split-Shift Pay

Many California employers are not aware that requiring employees to work more than one shift in a day, or including a significant break in a workday, can trigger a penalty. Specifically, each Wage Order issued by the...more

“There’s a DOL Investigator at My Place of Business … What Do I Do?” Five Tips on How to Deal When the DOL Comes Knocking

Every year, the Wage and Hour Division of the U.S. Department of Labor and its state counterparts (which we will collectively refer to here as the “DOL”) amplify their efforts to enforce wage and hour laws, such as the Fair...more

New "tipping" rules for 2014: Are you ready?

Employer practices with tips at hotels and restaurants have spawned a lot of employee discontent, class actions and other litigation. Some employers have withheld all or a portion of employee tips to cover administrative...more

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