News & Analysis as of

What Does "Prevailing" Mean, Anyway? And Why Is the Prevailing Wage Rate So High?

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Holiday pay includes commission (unsurprisingly)

The eagerly-awaited Court of Appeal decision in British Gas v Lock has now been handed down. The hope for this decision was twofold: that it would clarify whether or not holiday pay should take into account commission...more

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more

UAE employment law update

The Minister of Human Resources & Emiratisation recently issued Ministerial Decision No. 739/2016 on the Protection of Wages to ensure employees’ wages are fully paid within a period not exceeding 10 days from the due date as...more

Changes to Russian Labor Law Affect Payments to Employees

A number of significant amendments to Russian labor legislation entered into force on October 3, 2016. The amendments were introduced by Federal Law No.272-FZ “On Introducing Amendments to Certain Legislative Acts of the...more

New Regulation Restricts New York Employers Seeking to Pay Wages by Direct Deposit, Payroll Debit Cards

The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit...more

New York Publishes Final Rules on Wage Payment Methods

On September 7, 2016, the New York State Department of Labor published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  The...more

NLRB Upends Traditional Backpay Formula Providing Potential Windfall to Employees

In calculating backpay owed to former employees the National Labor Relations Board (NLRB) has concluded were wrongfully terminated, the Board has historically deducted any interim earnings. In calculating interim earnings,...more

Prompt Payment Required – Doesn’t Matter If Fired, Retired, Or Resigned

Seyfarth Synopsis: The California Supreme Court holds that employers must promptly pay final wages owed to employees who quit, including those who retire, or risk paying steep statutory penalties under California Labor Code...more

New Law May Reduce Amount Subject to Wage Garnishment

In case you missed it, Senate Bill 501, a law which became effective on July 1, 2016, may reduce the prohibited amount of weekly disposable earnings that may be garnished depending on where the employee...more

New Massachusetts Law Prohibits Employers from Asking Applicants About Salary History

Earlier this month, Massachusetts’ Republican governor signed into law a bipartisan bill requiring employers to pay men and women equally for similar work. The law’s basic requirement is one in place in many states and under...more

Costa Rica: Aumento Salarial Aprobado para el Sector Privado para el Segundo Semestre 2016

El 15 de junio del 2016, el Consejo Nacional de Salarios aprobó un aumento al salario mínimo de 0.5%, correspondiente al segundo semestre del 2016 para los empleados del sector privado, excepto para las trabajadoras...more

Costa Rica: Salary Increase Approved for the Private Sector for Second Semester of 2016

On June 15, 2016, Costa Rica’s National Wages Council (“Consejo Nacional de Salarios”) approved a 0.5% increase to the minimum wage for all private sector employees, except for domestic workers whose salaries will be...more

Proposed Rule Would Radically Alter Use of Direct Deposit and Paycards in New York

On June 15, 2016, the New York State Department of Labor (“NYSDOL”) published a proposed rule governing the permissible methods for an employer in New York to pay wages to employees. The most radical change is that all...more

Connecticut Authorizes Use of Payroll Cards to Pay Employees

On June 7, 2016, Connecticut Governor Dannel P. Malloy signed into law a new statute authorizing employers to use payroll cards to pay employees. Previously, the Connecticut Department of Labor's position was such cards were...more

The District of Columbia Council Paves the Way to Increasing the Hourly Minimum Wage to $15 by 2020

On Tuesday, June 7, 2016, the District of Columbia Council voted unanimously to raise the District’s minimum wage for both tipped and non-tipped employees. For non-tipped employees, the current minimum wage in the...more

Legislative Update: Bi-weekly Payroll Periods (Without CTDOL Approval) are Here!

It’s been a long-time coming but the General Assembly finally approved of a measure that would allow employers to pay employees on a bi-weekly basis without receiving prior CTDOL approval. The provision, part of a set of...more

Payroll Cards Finally Approved in Connecticut

Payroll cards are finally here. The General Assembly finished their regular session last night with several employment law bills getting passed, including some that have been kicking around for years. One of them is...more

IRS Confirms California “Waiting Time Penalties” Are Not Wages For Federal Income Tax Purposes

A recent IRS information letter confirms that “waiting time penalties” paid under California law are not wages for federal income tax withholding purposes. Section 203 of the California State Labor Code imposes penalties on...more

U.S. Treasury Department Suggests That Non-Compete Reform is Necessary

The U.S. Department of Treasury recently released a study on the effect of non-compete agreements, taking a hard line with respect to their social and economic benefits and purported harms. Specifically, while the authors of...more

Federal Court Rejects Hospitals’ Challenge to Medicare Wage Rule 

In a decision with far-reaching implications within the health care industry, on February 22, 2016, a federal judge rejected a challenge to how Medicare reimbursement is adjusted based on local labor costs, dismissing...more

The Danger of Service Charges in Country Club Operations

Country clubs and other private clubs have traditionally utilized service charges on food and beverage sales to supplement their revenue. In most cases, this supplemental revenue is used to pay higher wages to all employees...more

Labor and Employment Group News: U.S. Treasury Issues Report on the Economic Effects of Non-compete Contracts

An office of Economic Policy Report published in March 2016, entitled "Non-Compete Contracts: Economic Effects and Policy Implications," estimates that 18% of all workers, or nearly 30 million people, are covered by...more

Changes to salary sacrifice childcare vouchers

Employees can receive childcare vouchers either on top of their normal salary or by salary sacrifice. Under a salary sacrifice arrangement, an employee agrees to a variation to their contract terms, reducing their salary to...more

#Concerted Activity in 140 Characters or Less

Employees have increasingly voiced concerns on social media regarding their employment, often including specific statements about their employers. As previously discussed on this blog, an employee’s Facebook post related to...more

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