News & Analysis as of

Wages

Jackson Lewis P.C.

Key Requirements of OFCCP’s New Audit Scheduling Letter for Construction Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) released a revised Scheduling Letter and Itemized Listing for construction contractors on Oct. 2, 2024, that will require contractors to provide significantly more...more

Schwabe, Williamson & Wyatt PC

Is Your Group Health Plan “Affordable,” According to the IRS? ‎

The 2025 open enrollment season for employee benefits is swiftly approaching. With newly released IRS guidance, employers should review the cost of their group health plan(s) to ensure affordability. Companies that rely on...more

Buchalter

New Broad-Reaching Wage Law for Health Care Workers

Buchalter on

On October 16, 2024, Senate Bill 525 will go into effect and requires every applicable “covered health care facility” to meet certain minimum wage requirements for most of their workforces. The new law applies to a broad...more

ArentFox Schiff

NLRB General Counsel Further Cautions on Employers’ Use of Noncompetes and ‘Stay-or-Pay’ Provisions

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On October 7, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum reinforcing her stance that most post-employment noncompete agreements violate Section 7 of the National Labor...more

Laughlin, Falbo, Levy & Moresi LLP

California: The Golden State for Seasonal Workers

California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is...more

Perkins Coie

Massachusetts Court Finds Retention Bonuses Are Not Wages

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A Massachusetts state appellate court recently ruled a retention bonus is a form of “contingent compensation” not subject to Massachusetts’s wage laws.  In Nunez v. Syncsort, Inc., No. 23-ADCV-63, employee Carlos Nunez...more

Verrill

Frequently Asked Questions (and Answers) Concerning Maine’s Paid FMLA Law

Verrill on

As we enter the fourth quarter and await the reveal of the state’s third iteration of revisions to the proposed rules governing the state’s Paid FMLA statute, what are some things all Maine employers (and employers outside of...more

ArentFox Schiff

An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

ArentFox Schiff on

In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’...more

Parker Poe Adams & Bernstein LLP

North Carolina Allows Employers to Recoup Wage Overpayments

Several times a year, we get questions from employers involving payroll errors. In some situations, the company or its payroll service double pays an employee for a pay period. In others, the wrong employee receives a direct...more

Seward & Kissel LLP

Employment Litigation Roundup: September 2024

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In Nunez v. Syncsort Incorporated, a Massachusetts court held that a retention bonus did not constitute not “wages” under the Massachusetts Wage Act (the “Wage Act”). The plaintiff-employee alleged that his former employer...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Whiteford

Employment Law Update: Two New Maryland Employment Laws Set to Take Effect on October 1, 2024

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During this year’s legislative session, the Maryland General Assembly passed new laws requiring employers to disclose certain wage information when posting job openings, as well as requirements to provide existing employees...more

Epstein Becker & Green

Michigan Supreme Court Clarifies Minimum Wage Law Decision

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We previously wrote about a Michigan Supreme Court decision to reinstate two voter initiatives – the Wage Act and the Earned Sick Time Act (ESTA) – and state agency responses to that decision (the “Original Order”), which...more

King & Spalding

Amendments to the Saudi Labor Law

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On 6 August 2024, the Council of Ministers approved amendments to the Kingdom of Saudi Arabia (“KSA”) Labor Law and its Implementing Regulations. These will come into force on 19 February 2025, 180 days after being published...more

Proskauer - Law and the Workplace

Pay Range Will Be Required in Massachusetts Job Ads Starting July 31, 2025

On July 31, 2024, Massachusetts Governor Maura Healey signed into law new legislation that requires employers with 25 or more employees in Massachusetts to include pay range in job ads. The statute requires that the posted...more

Latham & Watkins LLP

CFPB Proposes to Designate Earned Wage Access Products as Loans

Latham & Watkins LLP on

Paycheck advance products that are deemed consumer loans under the CFPB’s new proposal would be subject to increased disclosure and regulatory protections....more

Lewitt Hackman

California Increases State Minimum Wage (UPDATED)

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The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply to all employers, regardless...more

McGlinchey Stafford

Is a “Tip” Paid in Cryptocurrency a Tip for Employment Tax Purposes?

McGlinchey Stafford on

Tips are in the news lately. It seems like political strategists on both sides of the aisle have concluded that excluding tips from taxable income is good for votes. One has to wonder if this political promise will go the way...more

ArentFox Schiff

Maryland Employers Get Ready: New Compensation Transparency Laws Will Soon Take Effect

ArentFox Schiff on

Earlier this year, Governor Wes Moore signed into law two statutes — the Wage Range Transparency Law and the Pay Stub Information Law — that significantly increase the compensation details that Maryland employers must...more

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Holland & Hart LLP

FMV for Provider Contracts: Regulatory Standards

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As a general rule, healthcare employers are required to pay employed physicians and other contracted providers fair market value (FMV) for their services, but many employers do not understand relevant regulatory standards. ...more

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

IRS Resumes Processing New Claims for Employee Retention Credit

After lifting the moratorium on processing tax refund claims, the Internal Revenue Service (IRS) has begun processing a large backlog of claims for the employee retention tax credit (ERC), aimed at businesses impacted by...more

Mintz - Employment Viewpoints

Employer FAQ: Massachusetts’s New Pay Transparency And Pay Data Reporting Requirements

Massachusetts has passed into law An Act Relative to Salary Range Transparency (the “Act”), which means that pay transparency and pay data reporting requirements will soon become official.  In advance of the effective dates...more

Manatt, Phelps & Phillips, LLP

Why The CFPB’s Earned Wage Access Rule Is Subject To Challenge

Earned wage access (“EWA”) programs are financial products that allow workers to receive payment for wages they have already earned before their next scheduled payday. Many of these programs are integrated into their...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees

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In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. ...more

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