Risk Prevention Strategies: Avoiding Costly FLSA Missteps
What Should I Do If My Employer Failed to Pay Me Wages?
A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more
New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For...more
Massachusetts Attorney General (AG) Andrea Joy Campbell has announced a $6.8 million settlement with the operator of an MGM resort and casino known as MGM Springfield for the entity’s alleged violations of the Massachusetts...more
The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more
Several recent changes impacting employers in jurisdictions across the nation are summarized below. Many states and municipalities have increased their hourly minimum wage rates, some to as high as $18.07 per hour. Read the...more
Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more
Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more
On Tuesday, January 10, 2023, Denver Mayor Michael Hancock signed Bill 22-1614 after it passed the Denver City Council the previous day by unanimous vote. With the Bill’s passage comes increased penalties and new requirements...more
An employee in California has two primary options to pursue a claim for the enforcement of minimum wage and overtime pay rights. The employee may seek judicial relief by filing an ordinary civil action. Alternatively, the...more
For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more
On September 27, 2021, the Governor signed Senate Bill 62 (SB 62), which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors. A brand guarantor is a...more
In a victory for an employer, a California appellate panel affirmed an order to compel arbitration of a wage claim in a dispute against a mortgage company. As part of her onboarding process with AmeriHome Mortgage...more
The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk. Identifying the Potential Problem - The...more
The U.S. Department of Labor (DOL) has announced the immediate termination of its Payroll Audit Independent Determination (PAID) program. The PAID program began in March 2018 as a pilot program to allow employers an...more
The Virginia legislature ended its term by passing a host of new laws that expand liability for employers on a variety of critical wage and hour issues. Virginia’s legislative session—its first in more than two decades with...more
AB 5 (Codifies the “ABC” Test for Contractor Status) - AB 5 codifies the “ABC” Test for determining contractor status which was adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court of...more
In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more
• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more
ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary: Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts: Plaintiff Lawson worked for...more
In early May, the Massachusetts Supreme Judicial Court held that 100% commission-based inside salespersons are entitled to separate, additional overtime pay and premium pay for Sunday work. The decision, Sullivan v. Sleepy’s...more
The new year will bring significant changes for California employers, which could have substantial ramifications for businesses in the state. Employers should consider these key statutory developments and adjust their...more
Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners - Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) - Todd Hawkins and Hyung Kim were terminated from their jobs as...more
The Florida Minimum Wage Act, which applies to all employees in Florida covered by the federal minimum wage, requires the state’s Department of Economic Opportunity to calculate a new minimum wage rate each year on September...more