News & Analysis as of

It’s Time to Revisit Commission Pay for California Employees: Commissions Earned Must be Paid Twice Per Month and the Commissioned...

You may have just started breathing easier after rolling out written commission agreements to comply with California Labor Code section 2751. However, a recent unanimous California Supreme Court decision has heads turning...more

Another Increase in the Rhode Island Minimum Wage to $9/Hour

On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum...more

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

Significant Changes Proposed to Ontario’s Workplace Laws

Ontario’s government introduced workplace legislation on July 16, 2014 that would affect five labour and employment statutes in the province. Significant changes that are proposed in the Stronger Workplaces for a Stronger...more

Minimum Wage for Contractor Employees on Fast Track to Your Contracts

At some point in the past few months, you may have heard about Executive Order 13658 (EO), issued on February 12, 2014, wherein President Barack Obama establishes a $10.10 per hour minimum wage for employees of federal...more

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

Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its...

General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...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

Financial Advisors Advance Their Cause for Overtime Pay

According to Judge Frank Maas of the U.S. District Court for the Southern District of New York, the first step was taken in the settlement process between Merrill Lynch & Co. and over 500 field financial advisors. Recently...more

Calif. High Court Ruling Changes Class Action Landscape

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

Quirky Question #233, The Regular Rate: Where Math and Law Collide

Question: We operate a warehouse in Minnesota where the employees work two weeks on / two weeks off. They work 10 hours per day, 7 days per week when they’re on at an hourly rate of $30. The employees also ordinarily...more

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

Massachusetts Increases the Minimum Wage and Reforms Unemployment Insurance

On Thursday, Governor Deval Patrick signed into law an increase in the state minimum wage to $11 per hour by 2017, the highest state minimum wage in the country. Specifically, Massachusetts’ current $8.00 per hour minimum...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

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

California Supreme Court Gives Employers Added Protection Against Wage-and-Hour Class Actions

Today, the California Supreme Court issued its latest and long-awaited arbitration decision, Iskanian v. CLS Transportation Los Angeles, LLC. On the one hand, Iskanian concluded that class action arbitration waivers are...more

Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector...

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception...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

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

The New York Legislature Passes a Bill Eliminating the Annual Wage Notice Requirement

Employers in New York will not have to issue annual wage notices to employees in 2015 and beyond. On June 19, 2014, a bill was passed in both the New York Assembly and Senate that eliminates the requirement contained in the...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

Your Guide to the Proposed Rules Under Executive Order 13658 Setting a Minimum Wage for Federal Contractors

On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 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

6 Tips for Avoiding Wage-and-Hour Claims under the FLSA

Wage-and-hour lawsuits continue to be the biggest source of liability for employers under the Fair Labor Standards Act (FLSA), according to data recently released by the Federal Judicial Center, the education and research...more

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