News & Analysis as of

Non-Residents Wage and Hour

Buckingham, Doolittle & Burroughs, LLC

Ohio Municipal Income Tax: Cities permitted to tax wages earned by Ohio employees working outside the municipalities while at home...

The Ohio Supreme Court upheld the right of Ohio municipalities to tax wages earned by employees working outside the municipality from home during the COVID-19 pandemic. Schaad v. Alder Slip Opinion No. 2024-Ohio-525 (Feb. 14,...more

Fisher Phillips

Macau Court’s Recent Ruling Aligns with Growing Trend to Protect Non-Resident Migrant Workers in Asia

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A Macau court recently held in favor of non-resident Filipino workers who brought claims for unpaid wages against a cleaning service provider. The landmark ruling — finding the employer liable for multiple labor violations —...more

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

Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions

On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor...more

Payne & Fears

[Webinar] Legal & Tax Pitfalls of a Remote Workforce - March 3rd, 9:00 am - 10:00 am PST

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Many companies are shifting to remote or hybrid workplaces. Our legal and tax professionals are teaming together to highlight hot-button issues for your remote workforce. TAX PITFALLS •Employment •Income tax •Residency ...more

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

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Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

FordHarrison

California-Based Flight Attendants Are Protected by California's Overtime and Meal/Rest Break Standards

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While the Ninth Circuit’s recent decision in Bernstein v. Virgin America, Inc., et al., ___ F.3d ____, 2021 U.S. App. LEXIS 5197 (9th Cir. Feb. 23, 2021), gave some wins to the airlines, air carriers employing...more

Farrell Fritz, P.C.

New York Business, Nonresident Telecommuters And The Taxation Of Wages Earned Remotely

Farrell Fritz, P.C. on

Drums. Do you hear them? Along the western shore of the Hudson River. It seems that the unrest which began in New England earlier this year is spreading into the Mid-Atlantic States. The owner of a New York business that...more

Fisher Phillips

Dangers Of Poorly Defined Vacation (PTO) And Application Of California Law To Non-Residents Addressed By Appellate Court

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California law does not require employers to provide their employees with paid vacation. However, if an employer has a policy providing its employees with paid vacation, the administration of the benefits is strictly...more

Seyfarth Shaw LLP

Recent Legislation Changes Illinois Non-Resident Employee Withholding Rules

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Seyfarth Synopisis: Illinois recently enacted legislation that changes the rules for withholding income tax from non-resident employees. The new rules replace the current, somewhat more complicated rules with a more...more

Polsinelli

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

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In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

Fisher Phillips

Location, Location, Location: What Factors Determine Whether California Law Applies To Non-Residents?

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In deciding whether California’s overtime laws apply to non-resident employees who spend full days or weeks working in the state, the California Supreme Court has previously held the state’s labor code applies to overtime...more

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