News & Analysis as of September 21, 2024

Hiring & Firing › Unpaid Overtime

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on 1/10/2024

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

New York Adopts Increased Salary Thresholds for Minimum Wage and Overtime Exemptions

Seyfarth Shaw LLP on 12/28/2023

Seyfarth Synopsis: New York State formally adopted regulations increasing the salary thresholds for minimum wage and overtime exemptions for “executive” or “administrative” employee under the New York Labor Law. Employers...more

Virginia Updates Overtime Law

Epstein Becker & Green on 7/2/2021

Effective July 1, 2021, Virginia employers must ensure that their pay practices comply with a new stand-alone overtime law called the Virginia Overtime Wage Act (“VOWA”). VOWA largely tracks the federal Fair Labor Standards...more

Virginia Wage Overtime Act: Ambiguities Astound Employers

Sands Anderson PC on 6/24/2021

As Virginia employers prepare for the new Virginia Overtime Wage Act (VOWA), ambiguities found in the act demand attention from employers, both private and public. We previously summarized the basics of the act here, but as...more

Virginia's New Overtime Wage Act Continues a Trend of Employee-Sided Legislation

Sands Anderson PC on 4/19/2021

On March 30, 2021 Governor Northam signed the “Virginia Overtime Wage Act” into law. This new legislation, which goes into effect on July 1, 2021, continues the Commonwealth’s pro-employee push and will create new wage and...more

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on 2/19/2020

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Can You Suspend an Employee Without Pay for a Full Workweek Because of Performance Issues?

Parker Poe Adams & Bernstein LLP on 2/7/2020

According to Part 541 of regulations issued by the U.S. Department of Labor under the Fair Labor Standards Act, exempt employees must be paid a guaranteed salary. Under §541.602, employers may only deduct from this salary for...more

Key California Employment Law Cases: September 2019

Payne & Fears on 11/19/2019

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary: Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts: Plaintiff Lawson worked for...more

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on 8/13/2019

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country. As discussed below, the law substantially expands the civil and criminal...more

Wage and Hour Compliance – Better Guard Your Own Parking Spot

Foley & Lardner LLP on 9/6/2018

Many companies at one time or another get overtime compliance wrong, at least to some degree. It’s an expensive topic. Liability under federal law for failing to correctly pay overtime comes at the hefty price of all unpaid...more

Employment Flash - June 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 6/29/2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

California Employment Law Notes - May 2017

Proskauer - California Employment Law on 5/8/2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Whacky Employment Claims: Who's Whackier? Management or the Employee?

Lewitt Hackman on 3/23/2017

As employment defense attorneys, we see many strange situations arise in the workplace. The question is, how prepared are you as an employer to handle the wackiness that may potentially arise when your employees make...more

Employment Law Navigator – Week in Review: September 2016 #4

Zelle LLP on 9/26/2016

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department...more

August 2016 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on 9/9/2016

This month’s news update includes three initiatives by the U.S. Department of Labor to combat IC misclassification. The first was the issuance of a new page on the DOL website called “Misclassification Mythbusters.” We...more

Busting Employment Law Myths

Zelle LLP on 7/15/2016

Employment lawyers get to hear lots of great stories and lots of client opinions. That’s part of why we love our jobs. Many of the stories describe goofy or inappropriate employee behavior – and some include goofy or...more

California Employment Law Notes - July 2016

Proskauer - California Employment Law on 7/14/2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Employment Practices Newsletter - June 2016

Hinshaw & Culbertson LLP on 6/3/2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Employment Law Navigator – Week in Review: May 2016 #4

Zelle LLP on 5/23/2016

Last week the long-awaited final FLSA overtime regulations were published. The regulations are intended to make an additional 4.2 million workers eligible for overtime. The new rules raise the salary threshold for exempt...more

Employment Law Navigator – Week in Review: March 2016

Zelle LLP on 3/15/2016

March is Women’s History Month, and last week, strides in hiring women, efforts to reduce the gender wage gap, and attempts to increase diversity in the tech industry were in the news. Salesforce, in particular, explained...more

Employment Law - October 2015 #3

Manatt, Phelps & Phillips, LLP on 10/28/2015

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on 10/13/2015

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.” Did the California Legislature and its Governor produce a comparable...more

That is SO last week - September 2015 #3

Zelle LLP on 9/22/2015

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

All Over But the Penning: the California Legislature Completes its Work for 2015

Littler on 9/15/2015

The California Legislature adjourned its 2015 regular session early last Saturday morning. It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product. He has until Sunday, October 11, to...more

Board’s Decision Revises Joint-Employer Status Test

Robinson & Cole LLP on 9/1/2015

On August 27, 2015, the National Labor Relations Board (Board) issued a split decision (3-2) that drastically changes the test for determining whether an entity is considered a “joint employer” for purposes of collective...more

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Hiring & Firing › Unpaid Overtime

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