News & Analysis as of


How to Employ—and Payroll—a Telecommuter Working from Home Overseas

by Littler on

Telecommuting used to be rare because it used to be almost impossible. Before today’s sophisticated workplace information technology, logistical challenges made it tough for a “lone wolf” employee to work remotely from home,...more

Robots Are Taking Our Jobs! UBI And The Future Workplace

by Seyfarth Shaw LLP on

Seyfarth Synopsis: From Mark Zuckerberg to the mayor of Stockton, the concept of Universal Basic Income is catching fire. What is this newfangled concept, and what can employers expect in the new emerging economy?...more

What Is A “Wage”?

by Murtha Cullina on

Not surprisingly, most states require employers to pay employees any earned “wages” within a certain period of time after their employment ends. Many states, including Massachusetts and Connecticut, the time period to pay...more

Fourth Circuit Requires Employers to Calculate Value of In-Kind Compensation

Under the Fair Labor Standards Act, employee compensation counted for purposes of fulfilling minimum wage and overtime obligations need not be paid all in cash. According to Section 203(m) of the FLSA, wages also include...more

Massachusetts Supreme Judicial Court Rules That Unused Paid Sick Leave Does Not Qualify as Wages Under the Commonwealth’s Wage Act

In Mui v. Massachusetts Port Authority, issued on January 29, 2018, Massachusetts’s highest court decided an issue of first impression in the Commonwealth: whether accrued but unused paid sick time counts as “wages” for...more

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

by Littler on

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Payroll Department Impacts of the Tax Cuts and Jobs Act

by Taylor English Duma LLP on

Congress passed the Tax Cuts and Jobs Act (the “Act”), and it was signed into law in December 2017. Payroll department impacts from the new law are summarized below.  ...more

No Individual Liability for Board Members and Investors Under MA Wage Act

by Burns & Levinson LLP on

As I have written before, the Massachusetts Weekly Payment of Wages Act obligates employers to pay all earned wages to employees in a timely fashion. The Wage Act also specifies that the “president and treasurer of a...more

Employer Responsibilities Mount as California Fires Rage

by Littler on

While parts of Northern California are still reeling from damaging wildfires there two months ago, multiple fires are currently threatening Santa Barbara/Ventura, Los Angeles and Northern San Diego Counties. Fueled by high...more

9th Circuit’s Xerox Decision Copies Sister Circuits In Affirming Workweek Standard For FLSA Compliance

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA is the workweek as a whole, rather...more

DOL Proposes On-Call and Call-In Pay Requirements

by Hodgson Russ LLP on

The New York State Department of Labor has released proposed regulations that would revise the on-call and call-in pay requirements specified in the Wage Order for Miscellaneous Industries and Occupations. ...more

Whatever Happened To...The Wage Claim of Strippers (Or, “Exotic Dancers”) As Employees?

by Shipman & Goodwin LLP on

Back in 2011, I discussed a titillating case of strip club dancers (or, a decision says, “performers”, “entertainers”, “dancers” or even “exotic dancers” — although not “strippers”) who were trying to claim wages for the time...more

Hurricanes Force Manufacturers to Consider Impact on Employees

Hurricanes Harvey and Irma caused widespread property damage and flooding, and some manufacturers may not be able to reopen their businesses for several months. To assist followers of this blog, I have set out below a few of...more

Hurricane Irma: 10 Challenges for Employers

by Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

by Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

The War Between PAGA and Arbitration in California Continues - This Time Employers Win

by Carlton Fields on

Employers finally won a key victory in California courts in the continuing conflict between mandatory arbitration/class waiver agreements versus representative actions brought under the California Private Attorneys General...more

The future of work: when will I be able to pay employees in Bitcoin?

by Seyfarth Shaw LLP on

We have been watching with close interest the exponential expansion of crypto-currencies. These instruments, such as Bitcoin, Ethereum and Litecoin, are methods of secure, electronic transfer of value between individuals...more

Is Your Company’s Hurricane Plan ready?

by Cozen O'Connor on

With the first tropical storm of the season bearing down on the Gulf Coast, it is a good time to dust off your HR Department’s Hurricane Plan and make sure it is up to date. If you don’t have one, it is an even better time to...more

Steps for Solving the Wage Deduction Dilemma

by Akerman LLP - HR Defense on

Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost...more

Sixth Circuit Affirms Finding Arbitrator Had Reasonable Basis To Deny Wage Discrimination Claim

by Carlton Fields on

Plaintiff raised three arguments in support of her motion to vacate an arbitration award: “(1) that the arbitrator exceed his powers or so imperfectly executed them that a mutual, final, and definite award upon her claims was...more

What to Expect When You Are Expecting a Price Adjustment: The ABCs and CBAs of Increased Labor Rates

by PilieroMazza PLLC on

The Agency accepted your bid and you have begun performance on the contract. You invested countless hours and dollars into providing the perfect, winning bid. But then the unthinkable happens, several months into...more

Tips, Service Charges & Automatic Gratuities and Why You Should Care

by Ervin Cohen & Jessup LLP on

Most employers are familiar with the basics. A tip is a voluntary amount of money a guest leaves for an employee over the amount due for the goods sold or services rendered. ...more

Littler Global Guide - Romania - Q1 2017

by Littler on

Public Sector Minimum Wage - New Order or Decree - The minimum gross wage in Romania increased from RON 1,250 to RON 1,450 (EUR 322) on February 1, 2017 as stated in January report. ...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

by White & Case LLP on

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

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