California Employment News: The Regular Rate of Pay and Risks of Getting it Wrong
#WorkforceWednesday: Joint Employment, Coronavirus, Medical Marijuana Protections - Employment Law This Week®
III-44- A Little Help From The DOL
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more
The gig economy has had a substantial impact on employment nationwide, and Minnesota is no different. Minneapolis in particular has been a hotbed for disputes between rideshare companies and local lawmakers trying to increase...more
Lawmakers recently approved the 2024-2025 New York State budget, revising a number of laws that employers must be mindful of to ensure compliance. Specifically, these changes include: (1) the implementation of prenatal leave...more
California healthcare employers are facing primetime levels of costly litigation alleging claims based on miscalculation of the regular rate of pay. Healthcare employers are often targets because non-exempt healthcare...more
Recently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours. The Bill, titled the “Thirty-Two Hour Workweek Act” (the Act), would...more
CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights, updates on California wage and hour laws, and essential best practices for employers to ensure compliance and minimize potential...more
Join partners Jennifer Laver and Rob Hanneman as they delve into the intricacies of calculating wages and rates, particularly focusing on temporary payments. Throughout the webinar, participants will gain a comprehensive...more
I am always interested in cases that analyze what payments should and should not be included in the regular rate. These issues are important to employers because their overtime liability/exposure can be dramatically inflated...more
On January 17, 2024, the Appellate Division of the New York Supreme Court for the Second Department held in Grant v. Global Aircraft Dispatch, Inc. that no private right of action exists for a violation of New York Labor Law...more
Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who...more
California’s amended Paid Sick Leave (PSL) law introduced notable changes for California employers effective January 1, 2024. The amended PSL law now requires employers to provide the greater of 5 days or 40 hours in annual...more
I read an interesting post by Sara Zorich of Amundsen Davis concerning the year-end wage hour issues that employers must deal with, and I agree with the concepts set forth in that article. There are a number of implications...more
With limited exceptions, California law does not require employers to provide employees with a premium rate of pay for working during holidays or paid days off for holidays unless contractually obligated to do so. However,...more
As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more
Effective December 31, 2023, Cook County’s new Paid Leave Ordinance (the Ordinance) will require employers to provide 40 hours of paid leave (i.e., leave that can be used for any reason) during a 12-month period. The...more
To determine the minimum rate of pay or salary threshold applicable to certain exemptions from overtime regulations under California law, the Department of Industrial Relations (“DIR”) uses the California Consumer Price Index...more
On November 21, 2023, New York Governor Kathy Hochul signed Senate Bill S5026 into law, enacting the “Freelance Isn’t Free Act” (“the Act”). The Act provides that freelance workers or solo independent contractors (referred to...more
Now is the time to review overtime exemptions and pay plans for sales employees to be ready for 2024. The changing tech economy has created a class of sales employees who may not fit traditional overtime exemptions. Moreover,...more
County firefighters and law enforcement officers who opt out of employer- or union-provided health insurance coverage receive a monetary credit each pay period, minus an “opt-out fee” that goes toward the costs of maintaining...more
Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state. New York employers who use freelancers or independent...more
In the wake of the pandemic, some employers — opting for the carrot over the stick — have started offering weekly attendance bonuses to incentivize a return to the office. We have recently seen an uptick in employee-filed...more
Employers don’t have much time to comply with a new paid leave ordinance in Chicago — which is one of the most generous paid time off laws in the country — so you should start planning now. The ordinance will require...more
On September 15, 2023, the New York City Department of Consumer and Worker Protection issued amended rules relating to the New York City Earned Safe and Sick Time Act (“ESSTA”). The amendments codified the New York City...more
I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more
In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire...more