News & Analysis as of

Wage and Hour

New Paid Family Leave Tax Credit

by Sherman & Howard L.L.C. on

The recently-enacted Tax Cut and Jobs Act (the “Tax Act”) includes a provision that eases the burden for employers who adopt paid family and medical leave policies. The Tax Act added a new federal tax credit available...more

No Good Deed Goes Unpunished: Google Now Accused Of Bias Against Women And Men

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Google now finds itself in the unfortunate position of being accused of discrimination against women in pay and promotions and – according to a new complaint filed in California Superior Court – against...more

If Pain, Yes Gain—Part XLII: Maryland Becomes Ninth State To Enact Paid Sick Leave Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following successful votes by the Maryland Senate and House of Delegates to override Governor Larry Hogan’s veto of a 2017 paid sick leave bill, on January 12, 2018 Maryland became the ninth state in the...more

4 Key Trends In Workplace Class Action Litigation For 2017: #2 Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As our 2018 Workplace Class Action Report describes, 2017 was quite an interesting year for employers in terms of class certification rulings. Though courts issued many favorable class certification...more

Hollywood Shines Light On Pay Disparity Issues

by Fisher Phillips on

Oh, Hollywood. Reports emanating from the center of the U.S. film industry have put a spotlight (see what I did there?) on sexual harassment for several months. But the recent revelations regarding the pay disparities between...more

Paving the Way for Unpaid Interns: Trump Administration Relaxes the Standards

by Bryan Cave on

Internships are often a great way for students and young people to get their foot in the door and land their first job. But employers must ask themselves: is your unpaid intern actually an intern, or is the “intern” really an...more

Legal Issues Business Leaders Need to Know in 2018

by Arnall Golden Gregory LLP on

In recent years, the CFPB has struck fear into the C-suites of financial services companies. The agency was extraordinarily active in rulemaking that addresses every aspect of lending, prepaid cards and arbitration clauses in...more

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

by Pepper Hamilton LLP on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

Labor Department Adopts ‘Primary Beneficiary’ Test For Determining Employee Status Of Interns, Students

by Jackson Lewis P.C. on

The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue,...more

Maryland Paid Sick Leave Effective February 12

by Jackson Lewis P.C. on

Certain Maryland employers must begin offering paid sick and safe leave to their employees under the Maryland Healthy Working Families Act beginning February 12, 2018. The Act requires Maryland businesses with at least 15...more

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

by Faegre Baker Daniels on

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

New “Equal Pay for Equal Work” Provisions in Ontario Limit Ability to Vary Employees’ Pay Based on Employment Status

by Bennett Jones LLP on

On November 28, 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While some major changes have already come into effect, others are just around the corner....more

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

by Hinshaw & Culbertson LLP on

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid. Its announcement comes in the wake of the 9th Circuit’s adoption of the...more

General Assembly Overrides Governor’s Veto: Maryland Employers Have Less Than 30 Days to Implement Paid Sick Leave

by Miles & Stockbridge P.C. on

Last year, we reported that Governor Hogan had vetoed legislation that would have required most employers in Maryland to provide paid sick leave. In one of its first actions in 2018, the General Assembly overrode the...more

Certification Denied in the Latest Misclassification Overtime Class Action

by Bennett Jones LLP on

In the latest instalment in a growing wave of employment class actions, the Ontario Superior Court of Justice denied certification of a claim for unpaid overtime wages due to fatal flaws in the plaintiff’s certification...more

Beltway Buzz - January, 2018 #2

Some welcome hot air has finally come to D.C., and it’s not just coming from the mouths of politicians and regulators. Seriously. It’s 60 degrees today in D.C.! This time last week, it was 20 degrees. That’s quite a flip-flop...more

Department of Labor Adopts More Employer-Friendly Standard for Unpaid Internships

The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces. However, when it comes to unpaid educational internships, the FLSA does not include a helpful...more

UK Builds on Gender Pay Gap Regulations with Enforcement Proposal

On 19 December 2017, the Equality and Human Rights Commission (EHRC) proposed a draft plan for enforcement action in relation to The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Consultation on the...more

4 Key Trends In Workplace Class Action Litigation For 2017: #1 Class Action Settlements

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The monetary value of the top workplace class action settlements skyrocketed in 2017. Though all-time highs in this category were reached in each of the past three years, this year’s Report found that...more

Vermont Legislative Update 1-12-18 - An analysis from DRM's Government & Public Affairs Team

by Downs Rachlin Martin PLLC on

The House Commerce and Economic Development Committee unanimously approved a bill this week, H.593, that includes a variety of consumer protection provisions that were considered but not approved last year. A similar bill...more

DOL Reissues 17 Previously Withdrawn Opinion Letters

by Burr & Forman on

On January 5, 2018, the Department of Labor (“DOL”) Wage and Hour Division re-issued 17 previously withdrawn DOL Opinion Letters addressing over a dozen topics under the Fair Labor Standards Act (“FLSA”). The DOL originally...more

2017 Legislative Summary (Part Two): The Budget “Implementer” And Its Effect On Connecticut’s Schools And Public Employers.

In 2017, our firm published a summary of new legislation affecting Connecticut’s schools and public sector employers. However, the 2017 “regular session” of the Connecticut General Assembly was not the final word. Due to the...more

Employment News - January 2018 #2

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more

National Labor Relations Board Reverses Course on Joint Employer Test

by Perkins Coie on

The National Labor Relations Board (NLRB) issued a decision relating to the test for joint employment under the National Labor Relations Act (NLRA). The decision upheld the Administrative Law Judge’s ruling that two entities...more

U.S. Department of Labor Adopts New Test to Determine if Interns Are Really Employees

As summer approaches, many employers are considering “hiring” summer interns, as well as what to pay them, if anything. Some employers will consider engaging the services of unpaid interns, sometimes at the request of eager...more

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