News & Analysis as of

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

One Step Closer to a $10.10 Minimum Wage for Federal Contractors: Proposed Rule Implements EO 13658

On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The...more

California Employers Catch One of Those Rare Wage and Hour Class Action Breaks From the California Supreme Court

Sometimes California employers do get a win when battling in the minefield of California’s wage and hour laws. So California employers, please pause to rejoice in this moment because you know you may not get another one for a...more

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

Employment Law - June 2014

Appellate Court Tosses Employee’s Seating Suit - Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more

Employment Law Reporter – June 2014: Reporting Time Pay Revealed

An employer realizes that too many employees have reported for work on what is obviously going to be a slow day for business. Just send home the extra employees, right? Yes, but not without considering the...more

California Supreme Court Provides Guidance on Class Certification

In its Duran decision, the court emphasized that trial courts considering class certification must determine whether the case is manageable as a class action. On May 29, the California Supreme Court issued its decision...more

Seattle Increases Minimum Wage to $15.00 Per Hour Over Several Years

Seattle, Washington has enacted groundbreaking legislation that, over several years, will phase in a $15.00 per hour minimum wage, the nation’s highest for private employers who do not contract with governmental entities....more

You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualized defense...

Class action trials have long been the bogeyman no one talks about in California. Parties had to address whether a class action was “manageable” before it was certified, but because the vast majority of class actions never...more

Case Alert: Lock v British Gas Trading Limited

What happened? In Lock v British Gas Trading Limited, the ECJ decided that where an employee's remuneration includes commission, the employee's holiday pay should include the commission that would have been generated...more

Minimum Wage Groundswell? Seattle, Others Raise Their Statutory Minimum Wage Rates

It’s official. The Seattle City Council has voted to raise Seattle’s minimum wage to $15 per hour by 2021. Is this the sign of groundswell? ...more

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