Despite Punxsutawney Phil declaring an early spring, employers should continue to prepare for weather-related emergencies and their wage and hour implications. As with most of wage and hour-related determinations, employers...more
On January 9, 2024, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule regarding how to determine whether a worker qualifies as an employee or may be considered an independent...more
2/1/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
On May 3, 2023, New York Governor Kathy Hochul announced – and then signed into law – the New York Legislature’s 2024 Budget Agreement (“Budget”), which includes increases to the state’s minimum wage. Effective January 1,...more
work | \ wərk \ (noun): activity in which one exerts strength or faculties to do or perform something -
In common parlance, the concept of “work” connotes some physical or mental exertion. The law, however, defines the...more
In reversing a Nevada district court’s grant of summary judgment, the Ninth Circuit, in Cadena v. Customer Connexx LLC, recently held that the time call center employees spent booting up their computers is compensable....more
As COVID-19 restrictions have continued to loosen or be lifted altogether, employees have gradually resumed working in the office—and traveling away from it for work-related reasons. When it comes to travel time in the...more
New Yorkers who employ of domestic workers should note two recent amendments to the New York State Human Rights Law (“NYSHRL”) that went into effect on December 31, 2021, which together extend full protection of the NYSHRL to...more
Employers grappling with the many questions related to bringing employees back into the workplace safely in the midst of the COVID-19 pandemic should pay close attention to the potential wage-and-hour risks attendant to doing...more
The Wage and Hour Division of the U.S. Department of Labor (“WHD”) issued six opinion letters in January 2021. They address a number of important issues under the Fair Labor and Standards Act (“FLSA”). To ensure wage and...more
Many employers may be eager to put 2020 in the rearview mirror. But before ringing in the New Year, employers should carefully evaluate whether they need to make any changes to their current practices to ensure that they...more
At the end of August, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued four new opinion letters addressing various issues arising under the Fair Labor Standards Act (“FLSA”). The topics covered include the...more
With summer rapidly approaching and COVID-19 shelter-in-place orders still in effect, many companies face an important and difficult decision of canceling this year’s summer programs, delaying start dates or conducting...more
In March 2020, as the severity of the COVID-19 pandemic in the United States began to emerge, state and local governments took historic steps to shut down all nonessential activity in their jurisdictions. ...more
On April 14, 2020, exactly two weeks after the Families First Coronavirus Response Act (“FFCRA” or “Act”), went into effect and the U.S. Department of Labor (“DOL”) issued a temporary rule (“Rule”) interpreting the paid sick...more
The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” This post summarizes the most recent Questions and...more
The U.S. Department of Labor (“DOL”) continues to update its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” ...more
In addition to its recent, exigent responsibility of preparing guidance on the protections and relief offered by the Families First Coronavirus Response Act, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has...more
4/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Opinion Letter ,
Rate of Pay ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Wage and Hour
On March 24, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued initial guidance (“Guidance”) on the Families First Coronavirus Response Act (“FFCRA” or the “Act”), which we detailed in a...more
With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more
3/3/2020
/ Corporate Counsel ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Wage and Hour
On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil...more
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below...more
5/15/2019
/ Anti-Harassment Policies ,
Compliance ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Internships ,
Joint Employers ,
New Rules ,
NLRB ,
Notice of Proposed Rulemaking (NOPR) ,
Primary Beneficiary Test ,
Wage and Hour ,
White-Collar Exemptions
The first quarter of 2018 has already stirred up an array of legal matters that employers in the hospitality industry should be conscious of, both in their day-to-day operations and long-term planning. In February alone, the...more
3/30/2018
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Change of Ownership ,
Department of Labor (DOL) ,
Disability Access Claims ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Pilot Programs ,
Hospitality Industry ,
Proposed Legislation ,
Restaurant Industry ,
Sex Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour
Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...more
3/30/2017
/ Asset Purchaser ,
Data Breach ,
Defense Strategies ,
Hospitality Industry ,
Misclassification ,
NLRB ,
Restaurant Industry ,
Retail Workers Bill of Rights ,
Successors ,
Unions ,
Wage and Hour
Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)...more
3/1/2016
/ Corporate Counsel ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Compensation ,
Financial Services Industry ,
OFCCP ,
Popular ,
Sarbanes-Oxley ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers