News & Analysis as of

Compensation & Benefits Wages

Nelson Hardiman, LLP

Will Gradual Wage Hikes Help or Harm Healthcare? New Wage Mandates Took Effect June 1, 2024

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California lawmakers continuously grapple with the “Iron Triangle” of healthcare—a principle positing that cost, quality, and access are interdependent, with any improvement in one area likely necessitating compromises in the...more

Sheppard Mullin Richter & Hampton LLP

South Carolina Enacts Earned Wages Access Law

On May 21, less than a month after Kansas, South Carolina has become the fifth state to enact comprehensive earned wages access (EWA) legislation, which is set to take effect on November 21, 2024....more

Rivkin Radler LLP

Recent State Law Makes It a Crime to Withhold Wages

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Governor Kathy Hochul signed an amendment to the New York Penal Law this past fall, designating “wage theft” as a form of criminal larceny. In doing so, she and the State Legislature targeted “bad faith” employers who violate...more

Fox Rothschild LLP

Stock Options are Not Wages Under the California Labor Code

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In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price...more

Payactiv

Democrat Governor Tony Evers Signs Third Earned Wage Access Bill

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On March 21, Wisconsin Democrat Governor Tony Evers signed into law the country’s third earned wage access (EWA) bill, which recognizes EWA as a new and innovative financial service by creating a distinct license and...more

Foley & Lardner LLP

Recent Revisions to Federal Merger Guidelines Highlight Labor Impacts

Foley & Lardner LLP on

On December 18, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, “the Agencies”) jointly released a significant revision and expansion to the federal Merger Guidelines (the...more

Fox Rothschild LLP

Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

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A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more

Ius Laboris

What we mean by ‘pay’?

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Notwithstanding the ‘love’ cited by Raymond Carver in his masterpiece, one of the main reasons why people work is the pay. You might even say that people love pay. ...more

Littler

(Not So) Frozen in Time—Colorado District Court Enters Section 10(j) Order Preventing Hospital from Withholding Across-the-Board...

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On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more

Payactiv

Consumer Protection Priorities in Earned Wage Access Legislation

Payactiv on

In recent years, earned wage access (EWA) – an innovative technology that enables workers to access their own, already earned wages without having to wait for payday – has rapidly become a table stakes employee benefit. By...more

DailyPay, Inc.

The Importance of Multiple, No-Fee Earned Wage Access Options for Workers

DailyPay, Inc. on

One of the biggest developments in payroll in recent years is the rise of “on-demand pay”, also often called “earned wage access”. Earned wage access programs, which are built on the premise that workers should have access...more

Littler

Dear Littler: Is paying employees with cryptocurrency an option?

Littler on

Dear Littler: We are a multi-state employer with operations in multiple technology hubs, including Silicon Valley and Austin. Over the past several months we have heard from multiple applicants and employees about whether the...more

McDermott Will & Emery

Weekly IRS Roundup January 11 – January 15, 2021

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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of January 11, 2021 – January 15, 2021... January 11, 2021: The IRS released TD 9948 containing...more

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

High Court of Denmark Rules on Compensation for Loss of Commission During Holidays

The Maritime and Commercial High Court in Denmark ruled on the approach that employers can take when calculating compensation for loss of commission during holiday....more

Orrick, Herrington & Sutcliffe LLP

Orrick's 101 - Employment Law In Germany - Employers' Essentials (2020 Edition)

Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more

Seyfarth Shaw LLP

Unpaid work – Beware the offer of a ‘free lunch’

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The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis. It is often pitched as a “win-win” because the person is willing to work...more

Seyfarth Shaw LLP

It’s All About Those Rates (Part I): Basic Rate of Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more

Seyfarth Shaw LLP

WHD Issues Its First Opinion Letters of the. . . Decade

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division recently issued two opinion letters providing clarity to employers in determining (1) the proper overtime rate of pay for non-discretionary, multi-week...more

Littler

Latest Set of DOL Opinion Letters Clarify FLSA Salary Basis and Overtime Calculations, FMLA Eligibility Determinations for Public...

Littler on

Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more

Littler

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

Littler on

In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Polsinelli

DOL Issues Guidance on Compensability of Company-Sponsored Volunteer Work

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Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter....more

Holland & Hart - Employers' Lawyers

Don't Be Fooled! Compensation Definitions Are Tricky!

Contributions to your 401(k) plan are calculated as a percentage of an employee’s compensation. Seems simple, right? Not so fast. The definition of “compensation” can actually be quite tricky to apply and can lead to errors...more

Polsinelli

California Court of Appeal Approves Variable Hourly-Based Compensation Plan

Polsinelli on

In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”).  ...more

Carlton Fields

Retirement Plans Can Solve The Million-Dollar Problem For Entities At Risk Of Excise Taxes On Compensation

Carlton Fields on

All entities, including governmental entities, are now potentially liable for penalties due to overpaying employees....more

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