News & Analysis as of

The United States Department of Labor Wage and Hour

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -

Emergency Regulation Confirming the 13-Hour Payment Rule for Live-In Home Care Aides Working 24-Hour Shifts to be Followed by...

by Bond Schoeneck & King PLLC on

On Friday, October 6, 2017 the New York State Department of Labor (NYDOL) used its “emergency” regulatory power to amend its Minimum Wage Order for Miscellaneous Industries and Occupations, relating to home care workers...more

Florida Increases Its Minimum Wage for 2018

On October 13, 2017, the Florida Department of Economic Opportunity (DEO) announced that, effective January 1, 2018, the minimum wage in the State of Florida will increase from $8.10 per hour to $8.25. This increase is tied...more

Third Circuit Affirms Bright-Line FLSA Rule on Short Breaks, and Rejects Employer’s ‘Good-Faith’ Absent Disclosure of Legal Advice

by Reed Smith on

On October 13, 2017, the Court of Appeals for the Third Circuit held that short breaks during the work day of 20 minutes or fewer are compensable as a “bright-line rule” under the Fair Labor Standards Act (“FLSA”). The case,...more

So You Want to Give Your Employee a Bonus?

by Foley & Lardner LLP on

There are many reasons employers give bonuses to employees. Bonuses are a motivator. They effectively reward past contributions. Bonuses also allow employers to provide additional compensation to the workforce on a one-time...more

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods...more

Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

by McNees Wallace & Nurick LLC on

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)....more

Employees Entitled To Pay During Short Breaks Per Precedential Third Circuit Decision

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge,...more

Do You Know The ABC’s About Independent Contractors?

Recently, New Jersey’s Appellate Division once again addressed the test used to determine whether a person is an employee or an independent contractor. The plaintiff in Garden State Fireworks Inc. v. NJ Dept. of Labor,...more

NY DOL to Soon Issue Explanatory Statement on Recent Wage Order Amendment

by Littler on

As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide...more

The Changing Landscape of Labor and Employment Law under the Trump Administration

by Cohen & Grigsby, P.C on

Abolishing the Federal Contractor “Blacklisting” Rule - In March 2017, President Trump issued an Executive Order revoking, and signed a resolution disapproving, President Obama’s Fair Play and Safe Workplaces Executive...more

UPDATE: New York DOL Amends Regulation Governing Home Health Care Aides Pay

by Cole Schotz on

As previously discussed, recent decisions from the New York Supreme Court, Appellate Division, found a New York State Department of Labor (“NYDOL”) opinion letter was not a “rational or reasonable” interpretation of New York...more

Still Sleeping on the Job? NY DOL Says Home Healthcare Employees Not Entitled to 24 Hours Pay for Overnight Shifts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more

NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More

by Littler on

On October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”) in response to recent court decisions finding that...more

Ninth Circuit Rejects DOL's Interpretation of Tip Credit Rule

Employees who receive gratuities may qualify for a special federal minimum wage set well below the standard $7.25 per hour. Employers are entitled to use the employees’ tips to reach the full minimum wage under the Department...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Obama’s Proposed Overtime Rule is Overruled

by Pessin Katz Law, P.A. on

As you may recall, in 2016 the Department of Labor issued a new overtime rule under the Fair Labor Standards Act (FLSA). In nutshell, the new rule raised the salary threshold for employees exempt from overtime from $455/ week...more

"Wage Theft"/"Wage Recovery" Bills Introduced

by Fisher Phillips on

Pending proposals would radically transform the federal Fair Labor Standards Act and the related federal Portal-to-Portal Act.  Entitled the "Wage Theft Prevention and Wage Recovery Act" in both the House (H.R. 3467) and the...more

The Poster Post – DOL Updates to Your Employees’ Favorite Area of the Break Room

The United States Department of Labor (DOL) has revised mandatory federal posters on the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). By law, employers must display official DOL posters...more

New York Court: Minimum Wage Due For All On-Premises Hours Required Of Non-Resident Home Care Attendants

by Jackson Lewis P.C. on

In a significant blow to the home health care industry in New York, non-resident home health care attendants must be paid minimum wage for all hours they are required to remain at the client’s home, including hours when they...more

Supreme Court To Again Evaluate Whether Auto Service Advisors Are Exempt From Overtime

by Tonkon Torp LLP on

On September 28, 2017, the United States Supreme Court agreed to revisit the question of whether service advisors at car dealerships are exempt from overtime. The federal FLSA exempts from overtime "any salesman,...more

WPI Wage Watch: Minimum Wage and Overtime Updates (September Edition)

by Littler on

September may mean saying goodbye to summer, but minimum wage and overtime developments across the country are still going strong. A nominee to lead federal wage and hour enforcement efforts has been put forward, labor...more

Employment Law This Week®: Special “Wage and Hour” Edition

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Bank Files Cert Petition To US Supreme Court On Administrative Exemption: The Neverendng Story

by Fox Rothschild LLP on

There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is seeking review by the US Supreme...more

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

by Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

The Ground Continues to Shift in Wage and Hour Law

by Epstein Becker & Green on

A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more

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