News & Analysis as of

Rest and Meal Break Fair Labor Standards Act (FLSA) State Labor Laws

FordHarrison

Illinois One Day Rest in Seven Act and Meal Break Law: How Employers Can Protect Themselves

FordHarrison on

Real World Impact: A recent increase in complaints under the Illinois One Day Rest in Seven Act (ODRISA) highlights the necessity for Illinois employers to be familiar with the requirements of this law....more

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Fisher Phillips

Get Set for Summer: 8 Things Hospitality Employers Should Know About Hiring Teens this Season

Fisher Phillips on

Many employers in the hospitality industry are ramping up their hiring efforts as they get ready for their busiest season. Whether you’re operating a restaurant, hotel, swim club, tourist attraction, or other business that’s...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

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

Miller Nash LLP

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 2

Miller Nash LLP on

In Part 2 of our blog series highlighting some of the risks for employers when pay and time practices don’t comport with wage and hour laws, the case details and key takeaways below should provide West Coast employers...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Fisher Phillips

Employing Minors in Tennessee – FAQs for Employers

Fisher Phillips on

With the labor shortage, you may have started considering expanding your applicant pool to groups of potential employees you had not previously considered, like minors. Even if you have not yet considered hiring minors, you...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Avoiding Common California Wage and Hour Mistakes and “Going the Distance”

Employers based outside of California can suffer knockout blows if they enter the ring as employers in California and operate under the mistaken assumption that adherence to the Fair Labor Standards Act (“FLSA”) is the same...more

McDermott Will & Emery

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

Husch Blackwell LLP

Amendments to Illinois Acts Impose New Compliance Obligations on Employers

Husch Blackwell LLP on

Effective January 1, 2023, employers with employees in Illinois will be subject to a number of expanded compliance obligations. First, employers will be required to provide employees with additional meal periods. Second,...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Offshore Occupation

This week, the Ninth Circuit resolves a split among trial courts about the application of California labor laws on drilling platforms on the Outer Continental Shelf.  IAFETA MAUIA V. PETROCHEM INSULATION, INC. The...more

Morgan Lewis

California Supreme Court: Meal, Rest, and Recovery Period Premiums Must Be Calculated Based on Hourly and Nondiscretionary Wages

Morgan Lewis on

The California Supreme Court ruled on July 15 that California employers must calculate nonexempt employees’ meal, rest, and recovery period premium payments based on both hourly wages and any other nondiscretionary wage...more

Payne & Fears

Key California Employment Law Cases: January 2021

Payne & Fears on

International Brotherhood. of Teamsters, Local 2785 v. Federal Motor Carrier Safety Administration No. 18-73488, 2021 WL 139728 (9th Cir. Jan. 15, 2021) - Summary:  Federal law preempts California’s meal and rest break...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Rest Breaks and Workweeks

This week, we take a look at two Ninth Circuit decisions considering agencies’ interpretations of the federal laws governing the employment relationship.  In the first, the Court deferred to the Federal Motor Carrier Safety...more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

Jackson Lewis P.C. on

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

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

Making Sense of Colorado’s New Wage and Hour and Paid Sick Leave Rulemaking

Back in January, management-side labor and employment lawyers in Colorado thought the biggest wage and hour compliance issue for 2020 would be limited to ensuring clients were up to date on the expanded meal and rest break...more

Seyfarth Shaw LLP

Not a Typo: Georgia Enacts a Stringent Employment Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Some states are known for setting high legislative bars with respect to employment rights and protections (looking at you, California). The State of Georgia isn’t one of them. Earlier this month, however,...more

Littler

Significant Changes to Colorado Regulations on Wages and Working Conditions for Private Employers Take Effect March 16

Littler on

Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay...more

Seyfarth Shaw LLP

Rockier Time For Many Employers In Colorado Who Will Soon Be Subject To Daily Overtime and Break Rules and Different White-Collar...

Seyfarth Shaw LLP on

Seyfarth Synposis: As of March 16, 2020, Colorado’s daily overtime and meal and rest break requirements for non-exempt employees, as well as its different duties and salary level requirements for exempt employees, will apply...more

Snell & Wilmer

New Senate Bill Seeks to Expand Protections for Nursing Mothers

Snell & Wilmer on

Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the...more

Foley & Lardner LLP

Meal Break Abuse – Is It Okay to Dock Pay?

Foley & Lardner LLP on

How many readers have confronted the following scenario: Employer provides a paid meal break to its employees (for ease of application, we are going to suggest the paid meal break is 30 minutes in length); Employees...more

Littler

Labor and Employment Issues Facing the Healthcare Industry

Littler on

Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

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