Wages Wage and Hour

News & Analysis as of

National Living Wage to increase by 4 per cent in April

The Chancellor has confirmed that the National Living Wage (NLW) will increase in April 2017 from £7.20 to £7.50 per hour. This represents an increase of 4 percent. The new NLW for workers aged 25 and over came into...more

New Pennsylvania Legislation Allows Payment of Wages by Payroll Debit Cards

Employers in Pennsylvania will be able to pay employee wages using payroll debit cards under an amendment to the banking code signed by Governor Tom Wolf on November 4, 2016. The new legislation goes into effect 180 days...more

Costa Rica Adopts New Methodology for Adjustments to Wage Increase

On October 31, 2016, Costa Rica’s National Wages Council (“Consejo Nacional de Salarios”) approved a proposal to change the formula and timeframe of wage increases for employees in the private sector. With the new...more

Tenth Circuit Says FLSA Overtime Rate Does Not Include Reasonable Per Diem Meal Pay

Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more

New Pennsylvania Law Allows Use of Payroll Debit Cards

We have been following litigation in Pennsylvania challenging the use of payroll debit cards by employers to pay employees. In one such case, the Pennsylvania Superior Court recently ruled that an employer violated the...more

May your Days be Merry and Blue Laws Compliant

‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop. With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific...more

The Potential Impact Of a Trump Presidency on Employers

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

New Pennsylvania Law Clarifies the Use of Payroll Debit Cards

On November 4, 2016, Pennsylvania Governor Tom Wolf signed into law a bill that brings the Commonwealth’s law regarding payroll debit cards into the 21st century. The new legislation amends Pennsylvania’s Banking Code, and...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Looking Ahead: President Trump, the Overtime Rule, and Other Impacts on the Employment Landscape

The U.S. Department of Labor’s new overtime rule will take effect December 1st unless a federal judge in Texas issues an injunction after a hearing next week in an action challenging the rule. In the meantime, employers must...more

Superior Court: Mandatory Use of Payroll Debit Cards Violates PA Law

As regular readers of our blog know, we have been following a pending class action lawsuit challenging a Pennsylvania employer’s use of payroll debit cards to pay its employees. There has been a key development in that case. ...more

Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter. This past weekend, we...more

The Employment Law Authority - November/December 2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

Pay rises = pay cuts?

Earlier in the year, Tesco announced, as part of pay negotiations, a 3.1 per cent increase in wages for staff. This measure, however, was accompanied by a cut to the rates paid to some long-serving staff members for working...more

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more

End of Daylight Saving Time: Wage-Hour Implications for Night Shift Workers

Daylight Saving Time will end in most states on Sunday, November 6 at 2 a.m. when we set our clocks back one hour. How does this time change effect nonexempt employees who are working at the time we "fall back"?...more

Wage Statements Need Not Reflect Value of Accrued Vacation

Seyfarth Synopsis: Accrued vacation pay is not a category that must appear on employee wage statements. California Labor Code section 226 requires employers to report various categories of information on employee wage...more

Mandatory Use of Payroll Debit Cards Violates Pennsylvania's Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claimed that mandatory use of payroll debit cards violates the Pennsylvania Wage Payment and Collection Law (“WPCL”), and the...more

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

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 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

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 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

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