News & Analysis as of

Wage and Hour Exceptions

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

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The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Downs Rachlin Martin PLLC

Updates to Paid Leave Requirements Under FFCRA

Downs Rachlin Martin labor and employment attorney Beth Rattigan goes over updates to paid leave requirements under the Families First Coronavirus Response Act. FFCRA revisions and clarifications include: who is eligible,...more

Fisher Phillips

5 Most Significant Gig Economy Developments In September

Fisher Phillips on

Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more

Fisher Phillips

Los Angeles County Implements Supplemental Paid Sick For COVID-19 Purposes

Fisher Phillips on

The Los Angeles County Board of Supervisors just unanimously approved a Supplemental Paid Sick Leave designed to fill in the gaps between the Families First Coronavirus Relief Act and Governor Newsom’s Executive Order N-51-20...more

Genova Burns LLC

Key Employer Take-Aways from Long-Awaited Guidance on New Jersey's Equal Pay Act

Genova Burns LLC on

On March 2, 2020, the New Jersey Division on Civil Rights (DCR) issued Guidance on the Diane B. Allen Equal Pay Act (Equal Pay Act) – the New Jersey law requiring employers to offer equal pay to employees performing...more

Epstein Becker & Green

Maine Enacts First-of-Its-Kind Paid Leave Law

On May 28, 2019, Maine Governor Janet Mills signed “An Act Authorizing Earned Employee Leave” (“Law”), which requires private employers to provide paid leave to their employees.  Scheduled to take effect on January 1, 2021,...more

Buckingham, Doolittle & Burroughs, LLC

Federal Arbitration as an Alternative to Litigation Does Not Apply to Transportation Workers

Last week, employees received a rare victory that punches a sizable hole in previous laws that supported allowing arbitration in place of litigation. Recently, a unanimous Supreme Court determined that the regulation does not...more

BCLP

Supreme Court Rules that Federal Arbitration Act Does Not Apply to Independent Contractors in the Transportation Industry

BCLP on

In a decision that could have far-reaching implications for parts of the gig economy, the United States Supreme Court has held that the Federal Arbitration Act bars courts from compelling arbitration with respect to both...more

Amundsen Davis LLC

UPDATE: Supreme Court Rules For Workers On FAA “Transportation” Exemption

Amundsen Davis LLC on

Last month, this blog discussed New Prime, Inc. v. Oliveira, a then-pending case before the Supreme Court that presented the question of whether arbitration agreements between trucking companies and independent contractor...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Says Religious Community Members Are Not Employees

Nonprofit entities often question the dividing line between volunteer work and work considered compensable employment. On December 21, the federal Department of Labor’s Wage and Hour Division issued an opinion letter...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Department of Labor Applies Ministerial Exception Under the Fair Labor Standards Act

The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor...more

Holland & Knight LLP

California Update: FEHA Regulations Expand Protections Based on National Origin - Also Effective July 1, Minimum Wages Raised for...

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• Regulations issued on July 1, 2018, by California's Fair Employment and Housing Council (FEHC) expand the Fair Employment and Housing Act's (FEHA) protections against national origin discrimination. • California employers...more

Proskauer - Law and the Workplace

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more

Proskauer - Law and the Workplace

Maryland Employers: Are You Ready? The Maryland Equal Pay for Equal Work Act Goes Into Effect October 1, 2016

Maryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016. The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex...more

Jackson Lewis P.C.

Massachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays

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Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55...more

Sheppard Mullin Richter & Hampton LLP

Higher Pay and More Sick Leave Coming to Santa Monica Employees

Continuing the trend of increasing minimum wages throughout California and the country, the Santa Monica City Council voted to approve a minimum wage ordinance, which becomes effective on July 1, 2016. The ordinance is...more

Foley & Lardner LLP

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Foley & Lardner LLP on

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Franczek P.C.

Lesser Known Exemptions: The "Ministerial" Exception to the FLSA

Franczek P.C. on

Last week, in my post about the impact of the various iterations of the Religious Freedom Restoration Act (RFRA) on wage and hour law, we discussed the general rule that the FLSA does not contain blanket exceptions or...more

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