News & Analysis as of

Quirky Question #235, Payment of Wages – Better Late Than Never Is Half Right

Question: My company was in a tight spot last month with cash flow and we had to delay payroll by a few days. We did end up paying everyone what they were owed. I now have an employee, however, who is claiming the late...more

How Employers Fared With the Supremes This Term and What the Future May Hold

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax...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

The Minimum Wage Battle Wages On

With the federal minimum wage remaining at $7.25 since 2009, twenty-two states and the District of Columbia have raised their minimum wages to amounts higher than the federal rate. ...more

Governor Cuomo Set to Sign Law Repealing the New York Wage Theft Prevention Act’s Annual Pay Notice Requirement; Law Also Extends...

New York is set to end its requirement under the Wage Theft Prevention Act that employers annually distribute notices to employees detailing certain wage payment information. In just the short time it was in effect, this...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

Employment Law - June 2014

Appellate Court Tosses Employee’s Seating Suit - Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more

Employment Law Reporter – June 2014: Reporting Time Pay Revealed

An employer realizes that too many employees have reported for work on what is obviously going to be a slow day for business. Just send home the extra employees, right? Yes, but not without considering the...more

Seattle Increases Minimum Wage to $15.00 Per Hour Over Several Years

Seattle, Washington has enacted groundbreaking legislation that, over several years, will phase in a $15.00 per hour minimum wage, the nation’s highest for private employers who do not contract with governmental entities....more

Minimum Wage Groundswell? Seattle, Others Raise Their Statutory Minimum Wage Rates

It’s official. The Seattle City Council has voted to raise Seattle’s minimum wage to $15 per hour by 2021. Is this the sign of groundswell? ...more

Minimum Wage in Michigan Set to Rise Beginning in September

It has been six years since Michigan last saw any increase in the minimum wage. But yesterday, both houses of the Michigan Legislature passed a compromise deal that would see the minimum wage gradually raised over time until...more

What you need to know about the continuing trend to regulate employers at the local level

The increasing regulation of private-sector employers at the city, county, and local regional agency level is a significant continuing trend. Many state and federal employment laws expressly allow or don’t expressly preempt...more

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

The Aftermath: Developments From The 2014 Session of The Connecticut General Assembly Affecting The Workplace

The 2014 session of the Connecticut General Assembly has just concluded. The following is a cursory description of bills that were passed by the General Assembly that may be of interest. A more detailed summary of these...more

The GPMemorandum, Issue 180

In This Issue: - Franchisor Uses Uniform Domain-Name Dispute-Resolution Policy To Obtain Control Over Infringing Domain: A franchisor whose trademark was being infringed in a domain name recently obtained...more

OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”

On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new...more

Fifth Circuit Agrees With NLRB That Employer Cannot Prohibit Wage Discussions

The National Labor Relations Board has long held that employers cannot prohibit employees from sharing salary information among themselves. Last month, the Fifth Circuit Court of Appeals upheld an expanded NLRB ban on...more

(Not) April Fools Day – Changes To The Canada Labour Federal Code Effective April 1, 2014

For those federally regulated employers that are governed by the Canada Labour Federal Code (the “Federal Code”), there are some substantive changes coming of which you should take note....more

Massachusetts Legislature Considers Unemployment Insurance Reform and Minimum Wage Increase

Increasing the minimum wage and reforming the unemployment insurance (“UI”) system in Massachusetts are the two major employment issues facing the 2013–2014 Legislature, which comes to a close on July 31, 2014. The Senate and...more

2014 Minnesota Legislative Session Opens with Multiple Bills of Concern to Minnesota Employers

Members of the Minnesota legislature recently introduced seven bills that could have very significant implications for Minnesota employers if passed into law. The bills will be heard in House committees this week and may move...more

The Employment Law Authority - January/February 2014

In This Issue: - FAMILY TRIP HELD PROTECTED BY FMLA - Court Finds Worker Continued To Care For Her Ill Mother - WELCOME TO FABULOUS LAS VEGAS! Workplace Strategies 2014 Heading Toward A Sellout - Wage & Hour....more

President Obama Plans To Sign Executive Order Raising Minimum Wage For Some Federal Contract Workers

Executive Summary: President Obama announced in his State of the Union address on January 28 that he plans to sign an Executive Order requiring that workers on new federal contracts be paid at least $10.10 per hour, well...more

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May. Such programs, though, have become a source of...more

Three Requirements For New York Employers In The New Year

This is a friendly reminder to clients employing workers in New York that they need to comply with the annual pay notice requirement of the state’s Wage Theft Prevention Act (WTPA) by February 1, 2014. As with previous years,...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

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