News & Analysis as of

Wage and Hour

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices

On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and...more

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir....more

Overtime Claim Against Chipotle Stayed Until Contempt Motion Is Heard

As previously reported in EmployNews, in December a creative group of plaintiffs’ lawyers filed suit against Chipotle in federal district court in New Jersey. The lawyers contended that despite a Texas federal court’s...more

InterConnect FLASH! No. 64 - NLRB Rules against Employee Status for Menard’s Drivers

by Benesch on

A National Labor Relations Judge dismissed an action brought by the National Labor Relations Board (“NLRB”) regional director against Menard, Inc. (“Menards”) for misclassifying its independent contractor (“ICs”) drivers in...more

California Commissioned Salespersons May Be Entitled to Separate Compensation for Wide Range of Activities in Addition to Rest...

Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more

Sales Commission Agreements Can Limit Potential Liability

by Foley & Lardner LLP on

A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any...more

Jury Returns Verdict in Favor of Dollar Tree in Electronic Wage Statement Class Action

On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen....more

Sixth Circuit Draws the Line: Draws on Future Commissions and Post-Termination Payback Policies

Employers beware. A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis. In Stein...more

Predictive Scheduling Laws: Guide To Avoid Becoming A Cotton-Headed Ninnymuggins

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Since the days of Buddy the Elf’s short stint as a retail employee, New York City and many other municipalities have adopted predictive scheduling laws. Though California does not yet have a such a law, San...more

A “New Look” for Salon Employee Commission Arrangements in California

A new addition to California law changes the definition of commission pay for licensed employees of beauty salons and barber shops. Under the new law, certain common arrangements, such as agreements to pay stylists on a...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

California is imposing greater responsibilities on prime contractors for nonpayment of wages and benefits by their subcontractors. On October 14, Governor Jerry Brown signed into law Assembly Bill 1701 (Thurmond), adding...more

“Call-In Pay” for “On-Call” Work: New York’s Proposed Employee Scheduling Rules

The New York State Department of Labor has introduced its proposed rules, to address the practice of “on-call” scheduling (also called “just-in-time” or “call-in” scheduling), which the Department describes as “common...more

Is a Federal Paid Leave Law on the Horizon? Maybe. . . Employers Should Stay Tuned

by Baker Donelson on

On November 2, 2017, three Republican members of the House of Representatives introduced the Workflex in the 21st Century Act (the "Workflex Bill" or "HR 4219"). The bill is intended to help employees have a better work-life...more

A Lesson For Employers – Take The Easy Way Out: No Jurisdiction In FLSA Lawsuit

by Fox Rothschild LLP on

I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy. However, there are times when you catch lightning in a bottle, i.e. the...more

Construction One-Minute Read: Labor Harmony on a Mixed-Trade Project

Construction projects that have a mixture of union and non-union trades are becoming more prevalent. A contractor undertaking a mixed-trade project must understand that harmonizing these two groups may present challenging...more

Tax Reform/Tax Cuts, Who Cares? Tax Gross Up Damages Are Available Under Title VII

by Foley & Lardner LLP on

Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who...more

Be Ready For New York State’s Paid Family Leave Law, Effective January 1, 2018

by Genova Burns LLC on

Employers with employees in New York must prepare for New York State’s Paid Family Leave Benefits Law (“PFL”), which will provide job-protected, insurance-based, paid family leave to employees. PFL goes into effect shortly,...more

Ninth Circuit Agrees Minimum Wage Compliance Is Determined on Workweek Basis

The Fair Labor Standards Act requires that employees be paid a minimum wage of $7.25 per hour. In Douglas v. Xerox Business Services, LLC, the plaintiffs challenged Xerox’s variable pay system as violating these requirements....more

Lessons You Can Learn From the Chadbourne Litigation and Ensuing Discovery Disputes

by Fisher Phillips on

When you combine an increased social awareness of pay disparity issues with an influx of new pay equity legislation at the state and local level, it’s no surprise that lawsuits involving large and high-profile employers are...more

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid...more

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

by Littler on

The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

Restaurant Supply Driver’s Federal FLSA Claims Shown The Exit Ramp On MSJ Ruling

by Jackson Lewis P.C. on

Finding not a “scintilla” of evidence to support claims of minimum wage violations, a New York federal district court in Yu Sen Chen et al v. MG Wholesale Distribution Inc. et al, 16-cv-04439 (E.D.N.Y.) dismissed a proposed...more

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