News & Analysis as of

Labor Law Violations

Staffing Agency Class Settlement Bars Subsequent Case Against Agency’s Client

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Based on the legal principle of res judicata, a prior class action settlement that released a staffing agency and its agents barred a subsequent class action against the staffing agency’s client....more

Key California Employment Law Cases: March 2018

by Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

California Departs From the Federal Overtime Calculation Standard - State Supreme Court Retroactively Adopts California Division...

by Best Best & Krieger LLP on

California businesses must follow a different standard than that allowed under the federal rules when calculating overtime to address flat sum bonuses. ...more

Michigan Dairy Farmer Sentenced to Two Years in Prison for Hiring Illegal Immigrants

by Varnum LLP on

On January 4, 2018, dairy farmer Denis Burke was sentenced to two years in prison by U.S. District Judge Thomas L. Ludington. Burke will have another two years of supervised release following time served. A fine of $1.38...more

II-31- The Changing 9 to 5 From 1980 to Today

by Cozen O'Connor on

This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

PAID Update: WHD Releases Supplemental Information on the Self-Audit Program

On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a...more

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

by Barley Snyder on

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last week ruled that the Pennsylvania Whistleblower Law permits an award of non-economic damages for items...more

"Actual Damages" Interpreted to Include Non-Economic Damages Under Pennsylvania's Whistleblower Law

by Littler on

A recent Pennsylvania Supreme Court decision has upheld that successful plaintiffs are entitled to non-economic damages under Pennsylvania’s Whistleblower Law, 43 P.S. §§1421-1428 (the “Law”). In Bailets v. Pa. Turnpike...more

Why Your Company Will Be in Violation of the Massachusetts Equal Pay Law on July 1st - And How to Fix It

by Partridge Snow & Hahn LLP on

As described in our prior publications, an Act to Establish Pay Equity in Massachusetts (the “Equal Pay Law”) will go into effect on July 1, 2018. In basic terms, the Equal Pay Law requires Massachusetts employers to pay the...more

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status

by Franczek Radelet P.C. on

On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. ...more

Department of Labor Wants Employees to Get PAID

by Harris Beach PLLC on

Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more

Department of Labor Launches New Voluntary Payroll Audit Pilot Program

by Weiner Brodsky Kider PC on

The U.S. Department of Labor’s Wage and Hour Division announced a new nationwide voluntary self-audit pilot program designed to resolve potential violations of the Fair Labor Standards Act (FLSA) by allowing employers to pay...more

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

Resolution of wage violations not necessarily assured under PAID pilot program

by McAfee & Taft on

A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more

School Scores Summary Judgment Win In ADEA Collective Action

by Seyfarth Shaw LLP on

Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

by Carlton Fields on

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

by Littler on

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period....more

California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

by Snell & Wilmer on

On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more

California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems

by FordHarrison on

On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee)...more

Court Upholds Unlimited Look Back Period for OSHA Repeat Violations

The Occupational Safety and Health Act provides for increased penalties when an employer repeatedly violates a standard. While there is no specific time frame established in the statute for how long OSHA can look back for a...more

Tired Of Waiting For FLSA Litigation? Meet PAID, WHD’s Pilot Program For Proactive Employers.

by Seyfarth Shaw LLP on

On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more

United States: Trump Revokes Obama's "Fair Pay and Safe Workplaces"

by Dentons on

President Donald J. Trump has loosened the federal government's grip on businesses looking to secure federal contracts. On March 27, 2017, the president signed Executive Order 13782 revoking executive orders by President...more

PAGA Claim Defeated Based on Insufficient Notice to the LWDA

Last month, the California Court of Appeal determined in Khan v. Dunn-Edwards Corp., 2018 Cal.App. LEXIS 44 (Cal. App. 2d Dist. Jan. 4, 2018)(certified for publication), that a former employee’s claim under the Private...more

Executive Labor Summary - January / February 2018

NEWS & ANALYSIS- NLRB’s Emanuel under fire, and “joint employment” standard is in doubt. After a brief window of time in late 2017 when Republican Members outnumbered Democratic Members on the National Labor Relations Board,...more

Exhaustion Matters – Don’t Try Going It Alone Under PAGA

A recent decision by the California Court of Appeal provides two important reminders for practitioners handling Private Attorneys General Act (“PAGA”) claims. First, exhausting administrative proceedings matters. Second, PAGA...more

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