News & Analysis as of

Wage and Hour Employer Liability Issues

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

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

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

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

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

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

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

Winter Weather and Employee Challenges

Winter is coming…still. Some parts of the state are expected to receive possible snow squalls as well as a potential rain/snow storm in the weeks to come. Weather conditions such as these often create challenges with...more

Getting "PAID" Just Got Easier: The DOL Rolls out a Pilot Initiative to Streamline the Resolution of Wage and Hour Violations

by FordHarrison on

On March 6, 2018, the Wage and Hour Division (W&HD) of the U.S. Department of Labor (DOL) rolled out a new nationwide pilot initiative, called the Payroll Audit Independent Determination program—or “PAID.” ...more

DOL Announces “PAID” Program to Facilitate Resolution of FLSA Violations

by McGuireWoods LLP on

On March 6, the Department of Labor announced a pilot program called the Payroll Audit Independent Determination (PAID) program, which seeks to expedite resolution of minimum wage and overtime violations....more

UK Law Firms Report Pay Disparities as Part of “Name and Shame” Regulations

by Fisher Phillips on

As we reported last November, businesses in the UK with 250 or more employees now are required publicly to report differences in pay between men and women on their own websites and also to upload such information to a...more

California Supreme Court Breaks With FLSA on Overtime Due for Flat-Sum Bonuses

• In Alvarado v. Dart Container Corp. of California, the California Supreme Court held that California law—unlike federal law—requires employers to calculate overtime by treating flat-sum bonuses as if they were earned during...more

DOL Announces New Payroll Audit Independent Determination Program

The United States Department of Labor, Wage and Hour Division (“WHD”) has announced a nationwide pilot program, The Payroll Audit Independent Determination (PAID) program (the “Program”), to facilitate self-correction of...more

Department of Labor Announces New Payroll Audit Pilot Program

by White and Williams LLP on

The US Department of Labor (DOL) Wage and Hour Division recently announced that it will launch a new Payroll Audit Independent Determination (PAID) program. PAID will provide employers with the option to proactively address...more

Massachusetts Attorney General Issues Guidance on Updated Pay Equity Law

The Massachusetts Office of the Attorney General recently issued guidance on the new amendments to the Massachusetts Equal Pay Act (“MEPA”), effective July 1, 2018. Although the guidance is extremely detailed and should be...more

Is Wage And Hour’s New PAID Program A “Win-Win”? That Remains To Be Seen.

The Wage and Hour Division of the U.S. Department of Labor has recently announced that it will soon be implementing the “Payroll Audit Independent Determination,” or “PAID,” program. The purpose of the new program is to...more

The Massachusetts Attorney General Issues Guidance on Sweeping Changes to the Massachusetts Equal Pay Act

by Hogan Lovells on

In advance of the July 1, 2018 implementation of extensive amendments to the Massachusetts Equal Pay Act (“MEPA”), the Attorney General (“AG”) issued its Guidance on March 1, 2018. While the Guidance does not have regulatory...more

Avoid The Dangers Of Misclassifying Employees As Independent Contractors

by SmithAmundsen LLC on

A dangerous misunderstanding persists in the business community that an employer can choose to “1099” its workers, or classify them as independent contractors, so long as there is an agreement between the employer and...more

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