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CDF Labor Law LLP

Furloughs Trigger Employer’s Obligation To Pay Final Wages Immediately

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A recent Ninth Circuit panel held that Hyatt employees who were “laid off” in March 2020 were entitled to payment of their accrued vacation time immediately, even though the employees were not officially terminated until June...more

Stoel Rives - World of Employment

Ninth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSA

It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay.  But that truism begs the question: what exactly is the regular rate of pay?  Earlier this week, the Ninth Circuit analyzed...more

BakerHostetler

Ninth Circuit Holds Employee Expense Per Diem Can Constitute ‘Wages’ to Determine the Regular Rate

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In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more

Seyfarth Shaw LLP

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

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Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

Seyfarth Shaw LLP

Giving the Unions Their Dues: NLRB ALJ Finds Partial Preemption of Wisconsin Right-to-Work Law

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Seyfarth Synopsis: Administrative Law Judge found that the NLRA preempts part of Wisconsin’s right-to-work law that restricts employers from deducting union dues directly from employees’ paychecks....more

Fisher Phillips

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

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As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

Littler

Why Learning How to Count to 26 Just Became Important: Recent Changes to California and Local Minimum Wage Laws

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Recently California’s Division of Labor Standards Enforcement (“DLSE”) issued an FAQ concerning 2016 legislative changes that impact the state minimum wage in 2017 and future years. The most notable change was the creation of...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

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Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Troutman Pepper

New Uber Ruling Reveals Another Costly IC Misclassification Exposure for On-Demand Companies

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Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more

Littler

The Philadelphia Wage Equity Bill Will Ban Employers From Asking Prospective Employees About Their Past Wages and Fringe Benefits

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On December 8, 2016, the Philadelphia City Council passed a Wage Equity Bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history. The Bill has been publicly supported by...more

Parker Poe Adams & Bernstein LLP

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

Littler

New Pennsylvania Law Clarifies the Use of Payroll Debit Cards

Littler on

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

McNees Wallace & Nurick LLC

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

Dechert LLP

Changes to Russian Labor Law Affect Payments to Employees

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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

Littler

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

Littler on

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

Littler

Connecticut Authorizes Use of Payroll Cards to Pay Employees

Littler on

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

Seyfarth Shaw LLP

Second Circuit Teaches Unpaid Interns a Lesson

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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

Fisher Phillips

Federal Wage Claims? That's The Easy Part!

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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

Franczek P.C.

Wage and Hour 2014 Election Results Roundup: Minimum Wage, Paid Sick Leave Big Winners

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Before the election, we talked about minimum wage and paid sick leave initiatives on the rise, including some important ballot issues. With most of the results tallied, it appears that the Republicans weren’t the only big...more

Fisher Phillips

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

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"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours...more

Franczek P.C.

IRS Announces Impending Tighter Enforcement of Employer-Provided Meals, Fringe Benefits

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Internal Revenue Code § 119 allows employers to deduct 100% of the value of meals provided to employees when they are for the convenience of the employer, and they are furnished on the business premises of the employer. Meals...more

Fisher Phillips

It's Payback Time: Reimbursement Of Employee Expenses Is A Hot Issue In California

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As class actions continue to plague employers in California, one area that is often overlooked is expense reimbursement. The California Labor Code makes clear that employers must indemnify employees for all necessary...more

Littler

New "Fair Pay and Safe Workplaces" Executive Order Dramatically Increases Risks for Government Contractors

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The White House has issued another Executive Order (EO) aimed at federal contractors, and it is the most sweeping order to date. The EO, titled "Fair Pay and Safe Workplaces," was issued July 31, 2014 and is intended –...more

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