On Monday, May 19, the Department of Labor (“DOL”) withdrew the non-exhaustive lists of establishments that were potentially eligible for or excluded from the retail or service establishment exemption to overtime under...more
Under the federal Fair Labor Standards Act, a well-established body of law rejects claims for unpaid minimum wages and overtime based on very small increments of time that are administratively difficult to record. This...more
In a broad-ranging decision issued on April 30, 2018, the Supreme Court of California announced a new legal standard to determine whether a worker is an employee or an independent contractor under California law, adopting a...more
On April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled in Rizo v. Yovino that an employer cannot use an employee’s prior salary to justify a wage disparity between male and female employees under the federal...more
Under both federal and state law, overtime compensation owed to a nonexempt employee must be based on the employee’s “regular rate of pay.” That regular rate includes not only the employee’s standard hourly rate but also an...more
On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more
On October 12, 2017, Governor Jerry Brown of California signed into law a statute that prohibits employers from seeking salary-history information, including compensation and benefits information, about an applicant for...more
On May 8, 2017, Georgia Governor Nathan Deal signed into law a new statute requiring certain employers to allow their employees to use up to five days of their available paid sick leave to care for immediate family members....more
In a stunning development, a federal district court in Texas issued a nationwide preliminary injunction on November 22, 2016 barring the Department of Labor from implementing its new regulations defining the executive,...more
In our October 9, 2015 Legal Alert, we informed readers that California Governor Jerry Brown signed into law the California Fair Pay Act, which amended the existing California equal pay statute to make it easier for employees...more
After nearly a year of anticipation, the U.S. Department of Labor (“DOL”) announced on Wednesday, May 18, 2016, the publication of its final rule instituting changes to the so-called “white collar” exemptions to the Fair...more