Wages Wage and Hour

News & Analysis as of

Update: California Enacts Urgent Clarifications to California Paid Sick Leave Law

While employers throughout the state have struggled with the new requirements set out by the Paid Sick Leave Law that took effect July 1, 2015, new amendments to the law attempt to provide some clarification. On July 13,...more

Unpaid Interns: The Second Circuit Pours Cold Water on a Hot Topic

Can businesses use unpaid interns? Over the past few years, this is a frequent question from corporate clients and a mainstay subject in the legal blogosphere (including right here). The heightened interest stemmed from a...more

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Glatt v. Fox Searchlight Pictures, Inc. - USCA, Second Circuit, July 2, 2015

Second Circuit vacates district court's ruling that unpaid interns who worked on film Black Swan and at Fox's corporate offices should have been classified as employees and thus entitled to minimum-wage and overtime pay,...more

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

USDOL Proposes Significant Increase in Federal Salary Test for FLSA White Collar Exemptions

On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

The Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now

The U.S. Department of Labor (DOL) issued its long-awaited proposed rule that would change the federal regulations of the Fair Labor Standards Act’s (FLSA) overtime provisions in a June 30, 2015 Notice of Proposed Rulemaking...more

New CT Law Bars “Pay Secrecy”

On July 2, 2015, Connecticut Governor Dannel P. Malloy signed into law Public Act No. 15-196, entitled An Act Concerning Pay Equity and Fairness.  The new law is intended to end pay secrecy, and specifically bars employers...more

Second Circuit Teaches Unpaid Interns a Lesson

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

New York Employment Law Roundup: June 2015

Today’s New York employment law landscape is increasingly dynamic, with a constant stream of newly issued legislation and judicial opinions. To keep our readers current on the latest developments, we will share regular...more

San Francisco Retail Workers Bill Of Rights Takes Effect July 3, 2015

The Ordinances impose significant new obligations regarding hiring and day-to-day operations of certain retail and service establishments that do business in San Francisco. The San Francisco Retail Workers Bill of Rights...more

For Equal Pay Act Comparison, “Equal” Can Mean “Greater Than”

The Equal Pay Act of 1963 (“EPA”) bars employers from discriminating in the payment of wages between employees on the basis of their gender. The employees of different genders must be performing equal work in jobs which...more

“Pay Secrecy” Bill Goes Above and Beyond Other Proposals

As I said before, the notion that this might be a quiet year for employment law legislation at the Connecticut General Assembly has long since left the train station. Indeed, we’ve appear to be swinging completely in the...more

Seattle Minimum Wage and Wage Theft Ordinances Take Effect April 1, 2015

Two significant wage-related ordinances take effect on April 1, 2015, impacting all employers with employees who work in Seattle, whether regularly or occasionally. The Seattle Minimum Wage Ordinance: Minimum wages rise for...more

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more

Blizzards, Hurricanes, and That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was...more

Inclement Weather Issues:

This year’s winter weather has wreaked havoc on many parts of the country. Employees have been unable to travel to work, and businesses throughout major cities have shut down their offices. Office closures are costly to...more

Federal Wage Claims? That's The Easy Part!

Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more

D.C. Department of Employment Services Issues Template for Notice to Employees Required by the Wage Theft Prevention Act and...

As we reported last week (see the Act Now Advisory titled “District of Columbia Wage Theft Prevention Act Takes Effect February 26, 2015; Recent Amendments Modify Notice, Timekeeping, Payment, and Other Provisions”), the...more

New York Tip Law Update: Subminimum Wage for Tipped Employees Will Increase to $7.50 per Hour on December 31, 2015

On February 24, 2015, New York State Acting Commissioner of Labor Mario J. Musolino issued an order (“Order”) increasing the subminimum cash wage for all tipped workers in the hospitality industry from the current $5.00...more

The District of Columbia Council Passes Its Own Wage Theft Prevention Amendment Act

The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia Home Rule Act, this...more

Cook County's New Wage-Theft Ordinance

Cook County recently increased the stakes on wage and hour compliance for employers that transact business with or receive tax incentives from the County. After May 1, 2015, Cook County may refuse to allow businesses to...more

Healthy Workplace, Healthy Families Act of 2014, California's Paid Sick Leave Law, To Take Effect

Starting July 1, 2015, California will join numerous other states in requiring employers provide employees with paid sick leave pursuant to the Health Workplaces, Healthy Families Act of 2014....more

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