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
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
Beginning on January 1,2023, all employers, with 15 or more employees (including employees in other states), engaging in any business, industry, profession, or activity in Washington (including recruiting for...more
Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join...more
In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more
I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us who advise management did not have enough headaches, this...more
On December 15, 2021, the New York City Council passed a bill (Int. 1208-B) that requires New York City employers with four or more employees (including independent contractors) to disclose minimum and maximum salary...more
As New York City Mayor Eric Adams did not take action within 30 days of receipt from the New York City Council, the Council’s legislation requiring most New York City employers to include salary ranges on job advertisements...more
The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more
Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break if the employee works more...more
As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more
In the changing employment environment surrounding the current outbreak of the 2019 Novel Coronavirus (2019-nCoV) in the People’s Republic of China (PRC), salary payment standards are governed by local rules and emergency...more
Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more
Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division recently issued two opinion letters providing clarity to employers in determining (1) the proper overtime rate of pay for non-discretionary, multi-week...more
Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more