News & Analysis as of

Wage and Hour Uniforms

Constangy, Brooks, Smith & Prophete, LLP

Biting the hand that feeds you. Don’t bite back.

You’ve got an employee who is an outspoken critic of your company’s equal employment policies or practices. He or she has violated your dress code by wearing anti-discrimination messages, fomented discontent amongst your...more

Fox Rothschild LLP

NY DOL Finalizes Changes to Tip Credit, Meal Credit, Uniform Maintenance Pay and Exempt Employee Salary Thresholds

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As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more

Constangy, Brooks, Smith & Prophete, LLP

The pendulum swings on dress codes, uniform policies, and union apparel. Can you justify your policy?

In August 2022 the National Labor Relations Board issued its decision in Tesla, Inc.,holding that an employer bears the burden of proving “special circumstances” if it “interferes in any way with its employees’ right to...more

Sherman & Howard L.L.C.

NLRB Cracks Down on Neutral Employer Dress Code Policies That Result in De Facto Ban of Union Apparel

Absent “special circumstances,” an employer violates the National Labor Relations Act (“Act”) when its neutral dress code policy results in a bar on pro-union apparel in the workplace. In a decision involving automaker Tesla,...more

Jackson Lewis P.C.

Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

Jackson Lewis P.C. on

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay...more

Fisher Phillips

Batter Up! An Employer’s Winners-and-Losers Guide to the End of Baseball’s Lockout

Fisher Phillips on

We were off by about 10 days. When we published An Employer’s Guide to the Baseball Lockout: Answering Your Questions About the First MLB Work Stoppage in Almost 30 Years way back at the beginning of December, we predicted...more

Fox Rothschild LLP

Minimum Wage and Other Credit and Payment Increases for Some New York Employers

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Beginning on December 31, 2021, the minimum wage — as well as the tip credit, meal credit, uniform maintenance pay and the minimum salary threshold — will increase for New York employers located outside of New York City...more

Fox Rothschild LLP

NY Employer Reminder: 2021 Wage Increases And More

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As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more

Jackson Lewis P.C.

Indiana Law Now Allows Paycheck Deductions For Uniform Rentals

Jackson Lewis P.C. on

Under an amendment to the state’s wage deduction statute, employers in Indiana may now deduct from an employee’s paycheck the rental cost of uniform shirts, pants, and other job-related clothing. The amendment, Senate Bill...more

Seyfarth Shaw LLP

The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

Seyfarth Shaw LLP on

The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more

Fisher Phillips

Not All Deductions Are "Uniform" Under The FLSA

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The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime requirements, period. The FLSA does not explicitly require that employers cover all work-related costs, nor, does it do so by specifically...more

Seyfarth Shaw LLP

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

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Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

Best Best & Krieger LLP

Restaurant Chain Must Allow Employees to Wear Union Buttons

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

Seyfarth Shaw LLP

It's a New Year in New York

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Seyfarth Synopsis: New York employers are facing a host of changes in wage and hour regulations for 2017: an increase to the minimum salary amounts for exempt status; increases in the minimum wage; and changes in the amount...more

Manatt, Phelps & Phillips, LLP

Employment Law - December 2016 #2

New EEOC Guidance on National Origin Discrimination - Why it matters - For the first time in more than a decade, the Equal Employment Opportunity Commission (EEOC) published new guidance on national origin...more

Littler

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

Littler on

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more

Seyfarth Shaw LLP

NY DOL To Increase Salary Threshold for Exempt Employees

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As we all know, the revisions to the FLSA’s “white collar” exemptions will take effect December 1 and will increase the salary level required for the executive, administrative, and professional exemptions to $913 per week (or...more

Morgan Lewis

Hot Topics in Wage and Hour Compliance

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Employers should consider these recommendations for handling uniform purchase and maintenance costs, unpaid interns, and minimum wage requirements. UNIFORM PURCHASE AND MAINTENANCE COSTS Problem/Issue Employees...more

Fisher Phillips

Clean-Uniform Policy May Lead to Additional Pay

Fisher Phillips on

Most healthcare employers require employees to wear some sort of uniform. Of course, the most familiar uniforms in this setting are “scrubs,” but some employers require lab coats or other garments. Some healthcare...more

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