News & Analysis as of

Wage and Hour

Littler

Michigan Supreme Court Clarifies Minimum Wage & Tipped Rates and Schedule for 2025 and Future Years

Littler on

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Maynard Nexsen

An Employment Law Prelude to SCOTUS's October Term 

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The U.S. Supreme Court begins its next term on October 7, 2024, and it will hear oral argument in E.M.D. Sales Inc. v. Carrera and Lackie v. Stinney, two cases of potential significance to employers across the country. This...more

Robinson Bradshaw

Fifth Circuit Upholds Labor Department’s Authority on Overtime Pay Exemptions

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On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has...more

Foley Hoag LLP

SJC Rules that Employees Do Not Accrue Benefits During Massachusetts Paid Family & Medical Leave

Foley Hoag LLP on

In its September 13, 2024 decision in Bodge et al. v. Commonwealth et al., SJC-13567 (2024), the Massachusetts Supreme Judicial Court (“SJC”) ruled that an employer’s policy of denying the accrual of certain benefits to...more

Robinson Bradshaw

Fifth Circuit Strikes Down DOL Tip Rule

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On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more

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

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

Jackson Lewis P.C. on

The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

Kilpatrick

4 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more

Jackson Lewis P.C.

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

Jackson Lewis P.C. on

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific...more

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

Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025

The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance...more

Seyfarth Shaw LLP

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

New Jersey Employers Must Act Soon: Are you Ready for RetireReady NJ?

Most employers with at least 25 employees in New Jersey that do not already offer a qualified retirement plan must soon take action to enroll their employees in the state’s “RetireReady NJ” retirement savings program. This...more

CDF Labor Law LLP

2024 PAGA Reforms – Has the Landscape Changed?

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The Private Attorneys General Act (PAGA), enacted in 2004, upturned California’s employment law landscape. In theory, PAGA allowed employees to file lawsuits to recover civil penalties on behalf of themselves, other...more

Morgan, Brown & Joy, LLP

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more

Bricker Graydon LLP

You Get A State Law! You Get A State Law!

Bricker Graydon LLP on

Employers are governed not only by federal wage and hour, discrimination, leave, and other such laws, but also by a patchwork of state and local employment laws. In our experience, employers are often unaware of state and...more

Jackson Lewis P.C.

Employer Considerations Post-Hurricane

Jackson Lewis P.C. on

The true impact of Hurricane Francine on Southeast Louisiana may not be known for weeks after it made landfall early in September. Even as the storm passes and normalcy gradually returns, employers must still be mindful of...more

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Jackson Lewis P.C.

What Responsibilities Do Employers Have Under New York State’s Retail Worker Safety Act?

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New York Governor Kathy Hochul signed the Retail Worker Safety Act (S. 8358B/A. 8947C) into law on Sept. 4, 2024. The Act will require covered retail employers to: 1.Adopt a retail workplace violence prevention policy...more

Fisher Phillips

Massachusetts High Court Sides with Employers: Benefit Accrual Not Required During Paid Family and Medical Leave

Fisher Phillips on

In a rare win for Massachusetts employers, the Supreme Judicial Court just ruled that employers generally have no obligation to allow employees to continue accruing benefits, such as seniority, vacation, and sick time, while...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Fisher Phillips

Guía normativa para equipos de RRHH y legales en materia de la Seguridad y Salud en el trabajo

Fisher Phillips on

Según cifras de la Organización Mundial de la Salud se estima que cada año se pierden 12 000 millones de días de trabajo debido a la depresión y la ansiedad, a un costo de US$ 1 billón por año en pérdida de productividad...more

Fisher Phillips

Workplace Stress in Mexico: 7 Considerations and Strategies for Employers

Fisher Phillips on

Workplace stress affects millions globally, and Mexico has one of the highest rates of work-related stress in the world. Given this context, companies doing business in Mexico have become acutely aware of the significant...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

Polsinelli on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

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Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

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