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Wage and Hour

Holland & Knight LLP

Oct. 1: New Mandatory Rest Day in Mexico's Federal Labor Law

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Due to amendments in 2012 and 2014 to the Political Constitution of the United Mexican States regarding the date of the transfer of the Federal Executive Power (Oct. 1 every six years), there were various interpretations...more

Vedder Price

Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay

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In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for...more

Ward and Smith, P.A.

A Short Refresher On Discrete Legal Issues During Natural Disasters

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As they say, an ounce of prevention is worth a pound of cure.  In that spirit, what follows are certain pay and leave issues employers may confront during times of natural disaster – all of which are better to be thought...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more

Davis Wright Tremaine LLP

Washington LNI Issues Draft Rules Amid Wave of Pay Transparency Class Actions

For nearly two years, Washington employers with 15 or more employees have been required to disclose within job postings a salary range or wage scale, any other discretionary or nondiscretionary compensation, and a general...more

Fisher Phillips

Pay Transparency is On the Horizon in New Jersey: Here’s What Employers Need to Know

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New Jersey could be the next state to enact a pay transparency law – which means employers should have an action plan ready for compliance. New Jersey already has one of the most robust pay equity laws in the country, and a...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA abuse: 5 things this employer did right

How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes won its case, and recently won again on appeal. According to both courts, the employee appeared to be trying to...more

Dunlap Bennett & Ludwig PLLC

News Flash: Fifth Circuit Vacates 80/20/30 Tip Credit Rule

In a significant decision for the hospitality and restaurant industries, the U.S. Court of Appeals for the Fifth Circuit recently struck down a Department of Labor (DOL) rule regarding the payment of tipped employees. The...more

Wyrick Robbins Yates & Ponton LLP

Do I Get Time Off from Work to Vote?

As Summer transitions to Fall, political ads are everywhere.  Pumpkins, pigskins, polls and prognostications abound. Unless you live under a rock, you know 2024 is an election year.  As election day approaches, employers...more

Littler

Michigan Supreme Court Clarifies Minimum Wage & Tipped Rates and Schedule for 2025 and Future Years

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On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Maynard Nexsen

An Employment Law Prelude to SCOTUS's October Term 

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The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

Robinson Bradshaw

Fifth Circuit Upholds Labor Department’s Authority on Overtime Pay Exemptions

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On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

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In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Robinson Bradshaw

Fifth Circuit Strikes Down DOL Tip Rule

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On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more

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

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

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The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

Woods Rogers

What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss putting in place...more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

Jackson Lewis P.C.

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

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According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific...more

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

Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance...more

Seyfarth Shaw LLP

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the...

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Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

New Jersey Employers Must Act Soon: Are you Ready for RetireReady NJ?

Most employers with at least 25 employees in New Jersey that do not already offer a qualified retirement plan must soon take action to enroll their employees in the state’s “RetireReady NJ” retirement savings program. This...more

CDF Labor Law LLP

2024 PAGA Reforms – Has the Landscape Changed?

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The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other...more

Morgan, Brown & Joy, LLP

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more

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