News & Analysis as of

Wage and Hour

California Supreme Court Confirms Special State Rule on Calculating Overtime Premiums Arising From Bonuses

In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more

MD DLLR Provides New Information on Healthy Working Families Act

by Miles & Stockbridge P.C. on

The DLLR recently issued new guidance concerning the Maryland Healthy Working Families Act for employers. The new guidance takes the form of sample policies and updated or new responses to the previously posted frequently...more

Tax Exemptions in the Act on Support for New Investments

by Hogan Lovells on

A government draft of an Act which purpose is to introduce new mechanisms to support entrepreneurs in making new investments (hereinafter referred to as the “Draft Act”) has been submitted to the Lower Chamber of the Polish...more

The Sliding Scale of Reasonable Accommodations

by Foley & Lardner LLP on

We have previously discussed how to protect against religious discrimination claims and best practices when addressing requests for religious accommodations. A recent decision from the U.S. Court of Appeals for the Tenth...more

USDOL Self-Report PAID Program: Benefits TBD

by Fisher Phillips on

Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more

The Gender Pay Equity Movement Goes International

by Fisher Phillips on

The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage...more

DOL Announces PAID – the Pros and Cons of the Wage and Hour Self-Audit

by LeClairRyan on

Double (liquidated) damages and attorneys’ fees are often the tail that wags the settlement dog in government audits and wage and hour litigation. Employers now have another strategy for dealing with unintentional wage and...more

Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of...more

March Misclassification Madness: Misclassification Updates in the Gig Economy

by Fisher Phillips on

Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more

Recent Changes To The Workers’ Compensation Board’s Interpretations Of New York Paid Family Leave Deductions And Voluntary...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Board has recently revised its interpretation of two key provisions of the New York Paid Family Leave (“PFL”) Law: First, by allowing employers to use the employee’s weekly wage as opposed to the...more

Proposed Rhode Island Sick Leave Regulations Fail to Provide Clarity and Will Increase Employer Headaches if Finalized

by Partridge Snow & Hahn LLP on

The Rhode Island Department of Labor and Training (DLT) has finally released its proposed regulations, 260-RICR-30-05-5 regarding the Rhode Island Healthy and Safe Families and Workplaces Act (the “Sick Leave Law”). As we...more

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

by FordHarrison on

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

Resolution of wage violations not necessarily assured under PAID pilot program

by McAfee & Taft on

A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more

Colorado Supreme Court Clarifies the Statute of Limitations under the Colorado Wage Act, Closing the Door on Stale Claims

by Littler on

The Colorado Supreme Court recently clarified the applicable statute of limitations for wage claims in the State of Colorado. In Hernandez v. Ray Domenico Farms, Inc., No. No. 17SA77, 2018 WL 1146468 (Colo. Mar. 5, 2018)...more

How Will Ontario’s Pay Transparency Act Affect Your Organization?

The Ontario government recently introduced Bill 203, the Pay Transparency Act, 2018 (Act) in the legislative assembly, in part to close the wage gap between men and women by ensuring that compensation is based on a job’s...more

PAID in Full? Be Careful in Following the DOL’s Lead

The U.S. Department of Labor announced a new nationwide pilot program aimed at allowing employers to self-report and self-remedy potential minimum wage and overtime violations. According to the DOL’s Wage and Hour Division...more

Chadbourne Litigation Settles, Leaving Unanswered Questions About Equal Pay Claims

by Fisher Phillips on

The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more

Reminder: EEO-1 Reports Must be Filed by March 31, 2018

by Stinson Leonard Street on

Since the Office of Management and Budget (OMB) issued an immediate stay of the employee compensation reporting requirements on August 29, 2017, employers have until March 31, 2018 to complete and file their EEO-1 Report for...more

Louisiana Court Of Appeals Highlights The Need For Clear Vacation Policies

by Jackson Lewis P.C. on

The Louisiana Court of Appeals—Fourth Circuit, recently overturned a trial court’s determination that an employee of a pest control company was not entitled to the payout of his accrued, but unused, vacation leave. Contrary...more

Washington Lawmakers Aim to Stop Workplace Sexual Harassment and Close Gender Pay Gaps

by Lane Powell PC on

In the wake of the #MeToo movement, Washington state's legislature has adopted sweeping reforms to state laws against discrimination and created a work group to develop model sexual harassment policies and best practices....more

Is Predictive Scheduling Coming To Connecticut?

In certain businesses where work volume cannot be known in advance, such as outdoor maintenance work that is dependent on the weather and delivery of materials, or service work that is dependent on the volume of customers,...more

Timber Industry Exemptions from the New Manufacturing Overtime Rule

A recent amendment to Oregon’s manufacturing overtime statute clarified overtime requirements and imposed weekly caps on the number of hours that most employees in manufacturing establishments may work. However, an existing...more

Web Exclusive: February 2018: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

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 were an unprecedented number of changes all through 2017. And if the first two months...more

Understanding Back-Up Tax Withholding

by McNair Law Firm, P.A. on

The IRS requires businesses to obtain a Form W-4 from each employee, and also a Form W-9 from contractors and others who may receive payments for services. If a business does not receive these forms, the business must deduct...more

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

by Carlton Fields on

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

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