As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
Attorneys Should Be Compensated on Efficiency, Not Hours
Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Yesterday, the Massachusetts Supreme Judicial Court held that managers of limited liability companies can be individually liable under the Massachusetts Wage Act for unpaid wages due to employees. Historically, the Wage Act...more
As we detailed in a previous blog post, in September 2012, Governor Cuomo signed into law new legislation which permits employers to make additional deductions from employees’ paychecks. Among other things, the bill amended...more
Many companies with unpaid internship programs have been closely watching a case filed by unpaid interns who worked on the film Black Swan, and this week, the outlook turned grim. The U.S. District Court for the Southern...more
It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.” Despite that (often accurate) description, there are always a handful of films that manage to squeak into theaters and earn...more
Unfortunately, it may be too late for some employers that have already begun their summer internship programs, but for-profit, private sector employers should be aware that they face a steep barrier when trying to establish...more
In a decision likely to affect long-held practices in the entertainment industry and beyond, a federal judge in New York ruled that Fox Searchlight Pictures violated federal and state minimum wage laws by not paying two...more
In Fraelick v. PerkettPR, Inc., the Massachusetts Appeals Court recently held that an employee had a claim for retaliation under the Massachusetts Wage Act, despite that her underlying complaint was not about wages. In that...more
This article describes how the new additional Medicare tax, tax on net investment income, higher marginal tax rates, and phase-out and reductions of personal exemptions and itemized deductions make the use of compensation...more
What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status...more
The Affordable Care Act’s employer shared responsibility rules will require large employers (50 or more full-time and full-time equivalent employees) to make an offer of minimum essential coverage to at least 95% of their...more
As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. ...more
A number of bills were passed during the Maryland General Assembly's 2013 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain bills from...more
We’ve warned clients for some time now that businesses and other organizations should think carefully if they are considering the possibility of permitting unpaid internships. What might be described as the internship...more
Twice in one week, the California Court of Appeal sided with employees in two cases against grocery giant, Safeway Inc. ...more
In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st. Employers should take time before the storm hits to...more
From the Hill: FMLA Amendment and Anti-Arbitration Legislation - Lawmakers on the Hill are considering two employment-related bills that would make changes to the Family and Medical Leave Act and invalidate pre-dispute...more
On May 30, the California Assembly passed AB 10, which aims to increase the state’s minimum wage incrementally over a three-year period to $9.25 per hour by 2016. California’s current minimum wage is $8 per hour. It was last...more
The “fluctuating workweek” wage payment method is allowed under the Fair Labor Standards Act (FLSA) when (1) a non-exempt employee’s hours of work fluctuate from week to week, (2) the employer and employee agree to use this...more
The Fair Work Commission's Minimum Wage Panel (Panel) handed down its 2013 wage decision yesterday, ruling that all award rates of pay will increase by 2.6%, effective from the first wage period after 1 July 2013. The...more
Continuing the trend established by Downtown LA Motors, where employees paid on a piece rate were required to be paid at least the minimum wage for hours spent waiting to perform work, the California Court of Appeals in...more
In Heyen v. Safeway, Inc., an action to recover unpaid overtime pay by a former assistant manager, the Court of Appeal affirmed the trial court’s award of overtime pay to Heyen, even though she was classified as an exempt...more
Our last Alert discussed the requirement that exempt employees be paid on a “salary basis” in order to preserve their exempt status. As we discussed, the exempt employee must also be “primarily engaged” in duties that fall...more
Vermont recently enacted a law amending the Vermont Fair Employment Practice Law and expanding existing equal pay and discrimination laws to provide greater protection to employees. +2013 Bill Text VT S.B. 57....more
There has always been a great deal of mistaken conventional wisdom afoot where the federal Fair Labor Standards Act is concerned. We have blogged previously about the common misconception that one pay practice or another has...more
Last week, the New York Department of Labor (“DOL”) published proposed regulations governing the new categories of permissible wage deductions in Section 193 of the New York Labor Law that took effect in November 2012. The...more
JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...
Learn More or Schedule a demo
