On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more
The New York State Department of Labor has issued the updated minimum wage poster for “Miscellaneous Industry” employees for 2024. The update covers all industries other than hospitality, farmworkers, and building service. ...more
On December 27, 2023, the New York State Department of Labor published a Notice of Adoption in the New York State Register, finalizing increases in the minimum wage and minimum salaries for exemption effective January 1,...more
In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at...more
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions. The annual increases are published by the Commissioner of Labor on...more
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall...more
Shortly after his election in November 2021, New York City Mayor Eric Adams announced that he would accept his first three paychecks in Bitcoin. On January 20, 2022, the day before his first paycheck from the City was...more
3/9/2022
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Digital Currency ,
Employer Liability Issues ,
Ethereum ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
Regulatory Oversight ,
Securities Regulation ,
State Labor Laws ,
Wage and Hour
In accordance the Biden administration’s January 20 regulatory freeze memorandum, the U.S Department of Labor issued proposals to delay the effective dates of the Final Rules on independent contractor classification and tip...more
On January 29, the U.S. Department of Labor announced that it was discontinuing the Payroll Audit Independent Determination (“PAID”) program, effective immediately. Under the program, which began in 2018, employers could...more
From pay equity to an increased minimum wage, pro-worker and pro-union labor policies, and additional anti-discrimination protections, President-elect Biden has touted support for numerous legislative and regulatory proposals...more
1/11/2021
/ ADEA ,
Anti-Discrimination Policies ,
Arbitration Agreements ,
Biden Administration ,
But For Causation ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Pay Equity Laws ,
Title VII ,
Wage and Hour
On January 7, 2021, President-elect Joe Biden announced Boston Mayor Marty Walsh as his nominee for Secretary of Labor. If confirmed, Mayor Walsh would represent a stark contrast to incumbent Labor Secretary, longtime...more
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers...more
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line....more
9/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. ...more
The New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated...more
7/1/2019
/ Books & Records ,
Call-In Pay ,
Corporate Counsel ,
Fair Labor Standards Act (FLSA) ,
Governor Cuomo ,
Liens ,
Liquidated Damages ,
Minimum Wage ,
Payroll Deductions ,
Personal Liability ,
Privately Held Corporations ,
Proposed Legislation ,
Shareholders ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages
As we have previously reported, in late 2018, a Texas appellate court ruled that a similar paid sick leave ordinance enacted in Austin violated the Texas Minimum Wage Act and the Texas Constitution and was therefore...more
In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of...more
4/30/2019
/ Act or Omission ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Good Faith ,
Independent Contractors ,
Liquidated Damages ,
Minimum Wage ,
On-Demand Services ,
Third-Party Service Provider ,
Unpaid Overtime ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
Even at a gathering of employment lawyers, HR professionals, and compensation veterans, one of the easiest ways to clear the room is to begin a discussion on the regular rate of pay. Few other topics, even within the general...more
4/11/2019
/ Bonuses ,
Call-Back Pay ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Minimum Wage ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Public Comment ,
Rate of Pay ,
Wage and Hour
As discussed previously, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018....more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
10/22/2018
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Obama Administration ,
Rescission ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
As cryptocurrencies surge in value and enter mainstream consciousness, an increasing number of employers may consider compensating their employees with bitcoin, ether, or other cryptocurrencies. While a cryptocurrency...more
2/14/2018
/ Bitcoin ,
Cryptocurrency ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Currency ,
Minimum Wage ,
Over-Time ,
Payroll Periods ,
Securities and Exchange Commission (SEC) ,
State Labor Laws ,
Wage and Hour
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
On November 15, 2017, in a case of first impression in the Ninth Circuit, the Court of Appeals adopted the longstanding position of sister circuits and the U.S. Department of Labor that for purposes of determining whether an...more
On Thursday, the Texas federal district court that had issued a preliminary injunction in November 2016 blocking implementation of the Obama Administration’s revised overtime rule granted the plaintiffs’ motion for summary...more