News & Analysis as of

Wage and Hour Employer Liability Issues Hiring & Firing

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

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

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

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

Legislation Affecting California’s Employment Regulations

by Wilson Elser on

California Assembly Bill No. 168 – Salary Information - Labor Code section 1197.5 prohibits employers from paying any employees at wage rates less than the rates paid to employees of another sex, race or ethnicity for...more

New Year, Same Accommodations…Employer Forced to Shell Out Millions for Failure to Accommodate Employee on Disability Leave

Accommodate - verb, to make suitable or consistent; adapt - This simple word, or the lack thereof, is costing a California non-profit, the Asian American Drug Abuse Program, Inc. (AADAP), a lot more than a broken New...more

Labor Department Hits the Brakes on Class Actions by Interns

by Ballard Spahr LLP on

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

DOL Doubles Back on Interns

by Sherman & Howard L.L.C. on

On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more

Federal Appeals Court Breathes New Life Into Pay Equity Claim, While Imposing Higher Standard On Employers

by Fisher Phillips on

The 4th Circuit Court of Appeals just forced a public employer back into court to defend itself against a pay equity claim after a lower court had dismissed the lawsuit and cleared the employer from wrongdoing. In...more

USDOL's Inflexible Intern Test Headed To The Shredder

by Fisher Phillips on

The U.S. Department of Labor (USDOL) just announced that it will abandon its six-part test for determining whether interns qualify as employees after yet another court favored the alternative, primary beneficiary test. As we...more

DOL Rejects Obama-Era “Intern” Test

With college classes resuming soon, many employers will be welcoming interns to the workplace. Employers must be careful in determining whether unpaid interns are properly classified under the Fair Labor Standards Act...more

DOL Adopts “Primary Beneficiary” Test for Interns

by LeClairRyan on

The U.S. Department of Labor announced Friday that it was abandoning the six-factor test it had previously used for determining whether interns are employees for purposes of the Fair Labor Standards Act, and that it was now...more

NY State of Mind: New State and City Laws (Part 1) – NYC’s Salary History Ban

by Reed Smith on

This is the first in a series of blog posts concerning recent employment law developments in New York State and City: On October 31, 2017, NYC’s salary history ban took effect (Int. 1253-2016). With limited exception, this...more

DOL Bids Adieu to Six-Factor Internship Test

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

U.S. DOL Endorses Primary Beneficiary Test for Internships

by FordHarrison on

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labor Standards Act (FLSA). The FLSA requires for-profit employers to...more

Getting Unconscious Bias Into Your Company’s Consciousness

by Fisher Phillips on

If you’re blonde, good-looking, or a man who stands nearly 6 feet tall, lucky you! Financially, you may be doing better than the rest of us. Here’s why: we each make thousands of decisions every day, many of which are...more

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

California’s Salary History Ban Goes Into Effect But With A Twist

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective on January 1, 2018, California’s new salary history ban law will prohibit inquiries about an applicant’s salary history and will create an affirmative obligation to disclose a “pay scale” upon an...more

New Guidance on Interns v. Employees

by LeClairRyan on

The test for determining whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act, and thus entitled to compensation for services provided, has been the subject of considerable...more

Salary Inquiry Ban In Effect for Albany County Employers

by Hodgson Russ LLP on

Effective December 17, 2017, employers and employment agencies in Albany County with four or more employees within the county are barred from: (1) screening job applicants “based on their wage, including benefits or other...more

Tax Reform Law Includes Paid Leave, Sexual Harassment Settlement Provisions

by Fisher Phillips on

The Tax Cuts and Jobs Act (H.R. 1), passed by Congress on December 20 and expected to be signed into law by President Trump in the coming days, contains several provisions that will directly impact employers and workplace...more

Salary History Is History in Albany, New York

by Fisher Phillips on

The Albany County, New York legislature recently unanimously voted to amend the Albany County Human Rights Law to ban employers from asking about a job applicant’s salary history. The law took effect December 17, 2017. With...more

A Deeper Dive Into Oregon’s Landmark Pay Equity Law

by Fisher Phillips on

Six months ago, the Oregon legislature passed the most sweeping statewide equal pay law in the nation. It was a confusing move for some. After all, Oregon has had an equal pay law on the books since the early 1980s, while the...more

Another Tidal Wave of New California Laws Will Impact Employers in 2018 and Beyond

by Epstein Becker & Green on

Earlier this month, the American Tort Reform Foundation released the 2017–18 “Judicial Hellholes” list. California came in second, surpassed only by Florida as the nation’s top “Hellhole.” This inauspicious recognition comes,...more

New Year’s Resolution #3: New Year, New Hiring Practices – Resolve to Bid Auld Lang Syne to Outdated Job Applications

This past year, a growing number of states and municipalities banished the Ghost of Christmas Past from haunting job applicants. As a result, employers in those jurisdictions must resolve now to bid auld lang syne to asking...more

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