It’s the fourth quarter. Three seconds are left on the clock, and your team is losing by one point. Your place kicker confidently trots onto the field to attempt the game-winning field goal. As he does, the TV announcer says,...more
In a boon for employers with exempt employees, the Third Circuit held earlier this year as an issue of first impression that paid time off (PTO) is not part of an exempt employee’s salary under the federal Fair Labor...more
On July 6, Illinois Attorney General Kwame Raoul announced a $950,000 settlement concerning the Illinois Wage Payments and Collection Act, marking the conclusion of an investigation into GrapeTree Medical Staffing...more
The Third Circuit recently highlighted the flexibility afforded to employers when providing fringe benefits to salaried exempt employees. In Higgins v. Bayada Home Health Care Inc., No. 21-3286, 2023 WL 2518345 (3d Cir. Mar....more
In an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that paid time off (“PTO”) is not a form of salary under the Fair Labor Standards Act (“FLSA”) and, therefore, deductions from a salaried...more
Takeaway: The National Labor Relations Board’s (NLRB) recent decision to overturn prior case law applies retroactively to all pending cases. Employers currently refusing to remit union dues because of the expiration of a...more
To combat a tight job market and a seemingly shrinking workforce, employers are looking for creative ways to retain and attract talent. An Earned Wage Access policy – a revolutionary employee benefit program that offers...more
Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more
Dear Littler: We are a multi-state employer that allowed a large percentage of our employees to work remotely during the pandemic. To help facilitate the transition to home offices, we provided our remote workers with office...more
New York Governors seem to have a history of favoring employees with Labor Law giveaways as they check out of the Executive Mansion. (Remember the Wage Theft Prevention Act, signed by David Paterson days before he left office...more
Wage and hour law remains a compliance conundrum for most employers. And now that Colorado has issued a new wage order titled, Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”), Colorado employers are...more
Most employers are well aware that employees must be paid on a “salary basis” to be considered exempt from the overtime requirements of the Fair Labor Standards Act (“FLSA”). ...more
How many readers have confronted the following scenario: Employer provides a paid meal break to its employees (for ease of application, we are going to suggest the paid meal break is 30 minutes in length); Employees...more
The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its laws...more
As peer-to-peer payment applications proliferate and on-demand technologies reach new facets of people’s lives, it is only natural that these programs now offer services geared particularly for employees. On-demand, daily pay...more
A hot topic of discussion in payroll offices around the country is the prospect of new services that provide workers with immediate access to their wages for hours they have worked but which aren’t due to be paid until after...more
Many employers require their employees to bear certain employment-related costs. For instance, an employer might require its employees to purchase work uniforms, safety glasses or other items for use in the workplace....more
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
At its March 21, 2019 meeting, the General Assembly’s Labor and Public Employees Committee voted favorably on and advanced out of committee House Bill No. 6935 (“An Act Concerning The Right Of A Public Employee To Join Or...more
Seyfarth Synopsis: New York’s expanded list of permissible wage deductions has been extended until 2020. ...more
Seyfarth Synopsis: Democrats now control both houses of the New York Legislature as well as the Governor’s office. A host of new employment-related legislation may be in the offing, affecting matters such as wage...more
On October 29, 2018 a N.J. Appellate Division panel reversed a dismissal of class action overtime pay claims brought against a freight-forwarding company that convinced the lower court that the company’s drivers and...more
Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for New York employers effective December 31, 2018, with large employers in New York City being the first to hit...more
Last month, the Rhode Island Department of Labor and Training released the state’s final paid sick and safe leave regulations. As the state paid sick leave law’s July 1, 2018 effective date approaches, the regulations impose...more
The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation?...more