Wages

News & Analysis as of

New CT Law Bars “Pay Secrecy”

On July 2, 2015, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness.  The new law is intended to end pay secrecy, and specifically bars employers...more

Second Circuit Teaches Unpaid Interns a Lesson

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

New York Employment Law Roundup: June 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

The ABI Commission on Business Bankruptcy Reform: Paying "Critical Vendors" - Will Congress Finally Act?

This is the second in a series of Alerts regarding the proposals made by the American Bankruptcy Institute’s Select Commission to Reform Chapter 11 Business Bankruptcies. It covers the Commission’s recommendations about the...more

New York State DOL Issues Draft Regulations on Payroll Debit Cards

The New York State Department of Labor (“NYSDOL”) recently proposed new regulations governing the payment of employee wages via payroll debit cards – a growing practice among employers. These draft regulations, which are not...more

NLRB Affirms Its Previous Decision Requiring Employer to Continue Providing Annual Wage Increases Beyond Contract Expiration

We previously blogged about the NLRB’s relatively shocking September 2012 decision in Finley Hospital (359 NLRB No. 9), in which the Board held that an employer was required to continue providing wage increases after the...more

The Aftermath: Developments From The 2015 Session of The Connecticut General Assembly Affecting The Workplace

The 2015 session of the Connecticut General Assembly has just concluded. The following is a concise description of employment-related bills that were passed by the General Assembly that may be of interest. A more...more

San Francisco Retail Workers Bill Of Rights Takes Effect July 3, 2015

The Ordinances impose significant new obligations regarding hiring and day-to-day operations of certain retail and service establishments that do business in San Francisco. The San Francisco Retail Workers Bill of Rights...more

SCOTUS: Debtor Entitled to Chapter 13 Conversion Leftovers

The U.S. Supreme Court has resolved a circuit split by answering the question; what happens to post-petition wages held by a Chapter 13 trustee at the time a case is converted from Chapter 13 to a Chapter 7? In a unanimous...more

Determining When a Commission is "Earned" When Calculating the Regular Rate

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional...more

How Might Your Company be Affected by West Virginia's Employment Law Changes? [Video]

Several bills affecting employers in West Virginia were brought before the 2015 Legislature, including bills relating to discrimination, prevailing wage, wage payment issues and more. Which ones passed, and how will they...more

From Hiring To Firing: A Basic Guide To The Hong Kong Employment Law Life Cycle

Hiring - For many employers, the key to having a productive and high-performing workforce is recruiting the right people to start with. However, it is important for employers to be aware that even before an employee...more

Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13...more

The Trend Toward Payroll Cards

Last month, Georgia became the latest state to pass legislation governing the payment of wages via “payroll cards.” Gov. Nathan Deal signed the new law on May 5, 2015. Prior to the passing of this bill, the payment of wages...more

NY Issues Proposed Rules to Manage How Employers Pay Workers Using Debit Cards

On May 27, the Governor of New York State announced that the state Department of Labor published new proposed rules intended to better regulate employers who pay their employees using debit cards. The proposed regulations...more

For Equal Pay Act Comparison, “Equal” Can Mean “Greater Than”

The Equal Pay Act of 1963 (“EPA”) bars employers from discriminating in the payment of wages between employees on the basis of their gender. The employees of different genders must be performing equal work in jobs which...more

Supreme Court Decides Harris v. Viegelahn

On May 18, 2015, the U.S. Supreme Court decided Harris v. Viegelahn, No. 14-400, holding that when a debtor in bankruptcy converts from a Chapter 13 payment plan to Chapter 7 liquidation, any of the debtor’s post-petition...more

Payroll Card Accounts – They're New in Georgia

On May 5, 2015, SB 88 was signed into law by Governor Nathan Deal. This law amends O.C.G.A. § 34-7-2 to permit Georgia employers to pay employees through payroll card accounts. The new law went into effect immediately....more

“Pay Secrecy” Bill Goes Above and Beyond Other Proposals

As I said before, the notion that this might be a quiet year for employment law legislation at the Connecticut General Assembly has long since left the train station. Indeed, we’ve appear to be swinging completely in the...more

Welcome Changes to Indiana's Wage Payment and Deduction Laws

On May 5, 2015, Governor Pence signed into law House Bill 1469, amending Indiana’s laws governing wage payments and wage deductions. The amendments, which minimize employer exposure for violations and expand allowable wage...more

No, You Cannot Prohibit Employees from Protesting or Discussing Their Wages

A reminder to employers concerned about employees’ discussing their wages or acting in concert to petition for higher wages: This is legally protected activity that employers cannot prohibit or restrain. A recent National...more

Seattle Minimum Wage and Wage Theft Ordinances Take Effect April 1, 2015

Two significant wage-related ordinances take effect on April 1, 2015, impacting all employers with employees who work in Seattle, whether regularly or occasionally. The Seattle Minimum Wage Ordinance: Minimum wages rise for...more

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more

Innovative Payroll Practices May Not Be Legal

Connecticut law still allows employees to be paid their weekly pay in cash in pay envelopes, although this cumbersome practice has largely if not entirely given way to more modern forms of disbursement. In particular,...more

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