News & Analysis as of

Minimum Wage Wage and Hour

A “New Look” for Salon Employee Commission Arrangements in California

A new addition to California law changes the definition of commission pay for licensed employees of beauty salons and barber shops. Under the new law, certain common arrangements, such as agreements to pay stylists on a...more

A Lesson For Employers – Take The Easy Way Out: No Jurisdiction In FLSA Lawsuit

by Fox Rothschild LLP on

I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy. However, there are times when you catch lightning in a bottle, i.e. the...more

Ninth Circuit Agrees Minimum Wage Compliance Is Determined on Workweek Basis

The Fair Labor Standards Act requires that employees be paid a minimum wage of $7.25 per hour. In Douglas v. Xerox Business Services, LLC, the plaintiffs challenged Xerox’s variable pay system as violating these requirements....more

Restaurant Supply Driver’s Federal FLSA Claims Shown The Exit Ramp On MSJ Ruling

by Jackson Lewis P.C. on

Finding not a “scintilla” of evidence to support claims of minimum wage violations, a New York federal district court in Yu Sen Chen et al v. MG Wholesale Distribution Inc. et al, 16-cv-04439 (E.D.N.Y.) dismissed a proposed...more

Ninth Circuit Concurs That Workweek, Not Individual Hour, Is Relevant Timeframe For Determination Of Minimum Wage Compliance

by Jackson Lewis P.C. on

In an issue of first impression, the Ninth Circuit joined the Second, Fourth, Eighth and D.C. Circuits (and the position adopted by the Department of Labor) that, in determining whether an employer has complied with the...more

Lousy Internship Experience Does Not Convert It Into Paid Work

In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more

The Fight for 15: Montgomery County, Maryland, Raises the Bar

Montgomery County, Maryland, has approved Bill 28-17, which increases the countywide minimum wage from $11.50 to $15.00. The nine-member Montgomery County Council voted unanimously in support of the bill on November 7, 2017,...more

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

by Fisher Phillips on

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or...more

2018 Minimum Wage Rate Increases: Are You Ready?

by Jackson Lewis P.C. on

The federal minimum wage has remained stagnant at $7.25 an hour since 2009. In the absence of an increase to the federal minimum wage, an increasing number of states, cities, and other municipalities have enacted statutes...more

New York Proposes New “Call-In” Pay and Scheduling Requirements

by Bond Schoeneck & King PLLC on

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently-proposed state Regulations. Governor Andrew Cuomo recently announced these proposed Regulations, which the New York State...more

National Appliance And Electronics Retailer’s Sales Commission Policy Was Lawful – For The Most Part, Sixth Circuit Rules

by Jackson Lewis P.C. on

In what may be viewed as a pyrrhic victory, now-defunct[1] “big box” electronics, appliance and furniture retailer hhgregg’s commission-with-draws compensation program generally was lawful under the FLSA, the Sixth Circuit...more

New York State to Address Employee Scheduling

by Fisher Phillips on

New York City’s Fair Workweek Law takes effect on November 26, 2017, thereby limiting the scheduling options and reducing the flexibility of retail and fast food employers. Not to be outdone, New York State is about to add...more

Client Alert: Florida Minimum Wage to Increase in 2018

The Florida Department of Economic Opportunity announced that, effective January 1, 2018, Florida’s minimum wage will increase from $8.10 per hour to $8.25. Employers may pay their properly tipped employees a lower rate of...more

Montgomery County Council Approves Increase In Minimum Wage to $15 Per Hour

On November 7, 2017, the Montgomery County Council unanimously passed a bill to increase the County’s minimum wage to $15 per hour by 2021 for employers with more than 50 employees (the “Bill”). Mid-size businesses, with 11...more

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

What Can You Get for $535?

by Fisher Phillips on

An expensive lawsuit. Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more

Emergency New York Department of Labor Amendment Attempts to Clarify Pay Requirements for Home Health Care Workers

by Hogan Lovells on

The home health care industry has been buffeted in the past year by almost constant winds of change and conflicting guidance. Home health care agencies, which provide crucial live-in aides to New York’s most vulnerable,...more

The Minimum Wage in 2018: A Rates-Only Update

by Littler on

Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one city, county, or state. To help manage this challenge, we are publishing a rates-only update so...more

Court Grants Summary Judgment For Employer In Tip Credit Collective Action

by BakerHostetler on

With scores of collective actions being filed every month and many courts willing to issue conditional certification on even very weak claims, it’s easy to forget that, yes, it’s important for there to be a claim in the first...more

The Federal Overtime Rule Stalls and State Minimum Wage and Overtime Rules Rev Up

As we previously reported, a federal district judge’s invalidation of the Obama-era overtime rules – which proposed a sharp increase in the salary threshold for exempt employees, expanding overtime pay to millions of workers...more

3rd Circuit Rules Employers Must Pay for Short Breaks

A recent case in the Third Circuit Court of Appeals serves as an important reminder that employers must pay workers for short breaks. The opinion by Judge McKee in Secretary United States Department of Labor v. American...more

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

by Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...more

Fall In Florida Means Increase In State Minimum Wage

by Fox Rothschild LLP on

It is pumpkin spike latte time here in Florida which is one of the only signs of fall with our tropical weather. Fall also is time for Florida employers to pay attention to the new 2018 Florida minimum wage. As of January...more

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

by Littler on

As darkness falls across the land, the midnight hour is close[r] at hand for employers to revise their pay practices to ensure compliance with 2018 minimum wage rate changes. Hospitality industry employers may receive from...more

Just A Tip: DOL One Step Closer To Rescinding Tip Pooling Regulation

by Akerman LLP - HR Defense on

Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department...more

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