News & Analysis as of

Wage and Hour

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

Connecticut Enacts Salary History Inquiry Law

Connecticut Governor Dannel Malloy has signed into law a bill that will restrict employers from inquiring about applicants’ salary history during the hiring process. The law will take effect on January 1, 2019....more

Monthly Update—Australian Labour & Employment - April 2018

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more

California Supreme Court Turns Independent Contractor Law On Its Head Making It As Easy As "ABC"

by Nossaman LLP on

In Dynamex Operations v. Superior Court, the California Supreme Court made a significant change in independent contractor law, adopting an “ABC” test for determining whether an individual is an employee under the Wage Orders....more

Treating the Cause, Not the Symptom: How to Avoid 10 Employment-Related Liabilities in the Health Care Industry

by Williams Mullen on

Companies of all shapes and sizes continually grapple with how to foster and maintain a productive, respectful work environment. Part and parcel of this objective is ensuring that the workplace complies with the various...more

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

by Polsinelli on

In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

California Supreme Court Significantly Narrows Independent Contractor Definition

by Hirschfeld Kraemer LLP on

On April 30, 2018, the California Supreme Court announced an extremely narrow, pro-employee test for determining whether a worker is properly classified as an independent contractor. The new standard, set forth in Dynamex...more

Better Safe Than Sorry: Employers Rush to Comply With New York City’s Amended Earned Safe and Sick Time Act

On May 5, 2018, New York City’s amended Earned Safe and Sick Time Act became effective, commencing the countdown for employers to comply with the law’s new requirements. The amendments expand the Earned Sick Time Act in two...more

Rhode (Island) Rage: New Paid Sick and Safe Rules May Frustrate Employers

by Littler on

On May 11, 2018, the Rhode Island Department of Labor and Training finalized regulations concerning the state’s mandatory paid sick and safe time law, the Healthy and Safe Families and Workplaces Act (HSFWA). The regulations...more

The Practical NLRB Advisor: Spring 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2018 issue of the Practical NLRB Advisor. This issue examines the evolution of the controversial joint-employer...more

SCOTUS:  Employers Can Compel Individual Arbitration of Wage and Hour Claims

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

Window On Washington - Vol. 2, Issue 20

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Farm Bill Re-vote? Last week’s vote on the farm bill failed after the Freedom Caucus refused to support the measure. A roll call vote on the motion to reconsider was postponed...more

Beltway Buzz - May, 2018 #2

The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to...more

Motor Carrier Act Update: Fifth Circuit Confirms Employer-Friendly Burden of Proof

by Bracewell LLP on

On May 16, 2018, the Fifth Circuit Court of Appeals published an opinion unequivocally placing the burden of proof on interstate drivers of motor carriers seeking overtime under the small vehicle exception to the Motor...more

The Patchwork of States Prohibiting Salary History Inquiries Grows to Include Vermont and Likely Connecticut

Vermont and likely Connecticut will soon join California, Delaware, Massachusetts, Oregon, and Puerto Rico (along with various cities and counties) in prohibiting salary history inquiries. Vermont Prohibits Salary History...more

Expanding Limits on Applicant Salary History Questions

Manufacturers in Alaska, Arizona, California, Connecticut, Hawaii and Vermont face new limits on the use of an employee’s salary history. ...more

Healthcare Industry Companies Must Be Wary of Classifying Any Workers As Independent Contractors, In Light of the California...

As you may have seen in our recent article on the Labor and Employment Law Blog, the California Supreme Court recently issued a landmark decision in the case of Dynamex Operations West, Inc. v. Superior Court. In its ruling,...more

Subcontractor Wages: Closing the Loopholes

by Snell & Wilmer on

This year California ushered in a new law effective January 1, 2018 for private works construction contracts, California’s Labor Code section 218.7. The law applies to all direct contractors who make or take the contract in...more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

by Best Best & Krieger LLP on

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

Alert: New York City Expands Earned Sick Time Act to Include Earned Safe Time

by Cooley LLP on

An amendment to New York City's Earned Sick Time Act, which went into effect on May 5, 2018, now permits employees to use earned sick time for certain new designated purposes, including dealing with domestic violence, sexual...more

Regulatory Agenda Of Trump Administration Indicates Significant DOL Changes

by Fox Rothschild LLP on

The Trump Administration has issued its regulatory agenda, which is a semi-annual statement of the short- and long-term policy plans of government agencies. The DOL is at the forefront of these changes to come. The agency...more

NYC Employers Must Take Immediate Steps to Comply with Expanded Sick Leave Law

by Fisher Phillips on

New York City recently expanded its paid sick leave law to provide protected time off to employees who are the victims of domestic violence, sexual assault, stalking, or human trafficking and to broaden the definition of a...more

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 3 of 3)

When Lump-Sum Payments to Employees are Earnings for Garnishment Purposes - Welcome to Part 3 of our series on the Department of Labor’s three new opinion letters. We previously looked at the opinion letters on FMLA...more

Hiring Minors in the Heat of the Summer: What Employers Need to Know

by Fisher Phillips on

Summertime is quickly approaching and 'tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to...more

The Risks and Rewards of Allowing Employees to Work During FMLA Leave

by Hinshaw & Culbertson LLP on

The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the...more

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