In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience.
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With an anticipated increase in workers no longer subject to exemption from overtime pay under a new U.S. Department of Labor rule that is scheduled to take effect on July 1, 2024 (learn more here), employers will need to...more
6/21/2024
/ California ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Healthcare Workers ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Wage and Hour
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
Over the past five years, ten states and several local jurisdictions across the country have passed wage transparency laws in an effort to address gender and racial wage disparities. Wage transparency laws may apply to wage...more
On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more
Earlier this year, on February 6, 2023, the New Jersey Governor signed the Temporary Workers’ Bill of Rights into law.
On August 21, 2023, the New Jersey Department of Labor and Workforce Development (NJDOL) Division of...more
8/29/2023
/ Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Pay ,
Joint Employers ,
Labor Reform ,
New Jersey ,
New Legislation ,
Staffing Agencies ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
On July 21, 2023, a unanimous three-judge panel once again affirmed a California federal court’s ruling that the truck drivers who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s...more
8/4/2023
/ Arbitration ,
Arbitration Agreements ,
Delivery Drivers ,
Dominos ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Federal Arbitration Act ,
Interstate Commerce ,
Labor Law Violations ,
Motion to Compel ,
Putative Class Actions ,
State Labor Laws
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
On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a decision from the Western District of Texas declining to issue a preliminary injunction barring the Department of Labor (“DOL”) from...more
On March 10, 2023, a unanimous three-judge panel upheld an Oregon federal court’s ruling that time Amazon employees spent undergoing mandatory security screenings before and after work shifts and off-premises meal breaks was...more
The Washington, D.C. Council (the Council) has yet again taken action to delay enforcement of Initiative 82, the District’s new law to eliminate the use of the “tip credit” for certain service industry employees by July 1,...more
On Tuesday, November 8, 2022, Washington, D.C. voters approved a ballot measure to eliminate the “tip credit” which allowed service industry employers to pay servers, bartenders, and other tipped employees $5.35 an hour...more
On October 25, 2022, the Department of Labor extended the comment period for its new proposed rule regarding independent contractor status under the Fair Labor Standards Act. While the comment period was originally set to...more
In light of the federal court ruling reinstating the Trump-era independent contractor regulation (discussed here), on October 13, 2022, the Department of Labor published a Notice of Proposed Rulemaking regarding independent...more
On Friday, October, 29, 2021, the Department of Labor (DOL) issued a final rule regarding how to determine which tipped employees may receive a “tip credit” in lieu of receiving the full minimum wage directly from the...more
On June 1, 2021 the Southern District of Florida granted the motion by Uber Technologies, Inc. (“Uber”) to compel arbitration, finding that the company’s drivers did not engage in sufficient interstate commerce to meet the...more
As we previously discussed, in early January 2021, the U.S. Department of Labor issued a Final Rule regarding independent contractor status under the Fair Labor Standards Act. On May 5, 2021, in line with the policy goals of...more
The Westchester County Human Rights Commission (the “Commission”) has announced that the county’s Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York’s Paid Sick Leave Law (“Law” or...more
Proposed Paid Sick Leave Law Regulations -
As we previously reported, New York State’s Paid Sick Leave Law (“PSLL”) went into effect on September 30, 2020. The PSLL requires all New York private employers to provide paid...more
New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s Paid Sick Leave Law (“PSLL”), which became effective on September 30, 2020. As we previously reported, the PSLL...more
On September 28, 2020, Mayor Bill de Blasio signed Int. No. 2032-A (“Amendments”) into law, amending New York City’s Earned Safe and Sick Time Act (“NYC ESSTA”) to align with New York State’s Paid Sick Leave Law (“NY PSLL”)....more
On September 30, 2020, New York’s Paid Sick Leave Law (“Law” or “PSLL”) will take effect. The Law applies to all private employers and employees, and as we have previously reported, starting September 30, 2020, employees in...more
On June 15, 2020, and June 24, 2020, New York Governor Andrew Cuomo issued two Executive Orders (“EO”) numbers 202.45 and 205, which address COVID-19 travel-related restrictions. ...more
On March 17, 2020, Governor Andrew Cuomo announced a three-way agreement with the New York State Legislature that includes, in addition to mandatory COVID-19 paid sick leave, a Paid Sick Leave Law (“Law” or “PSLL”). The Law,...more
New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s new COVID-19 Leave Law (the “Law”). ...more