News & Analysis as of

Wages Department of Labor (DOL) Employer Liability Issues

Epstein Becker & Green

2022 Pay Equity Trends and Strategies for Complying with Pay Range Disclosure Requirements in New York City and California

Epstein Becker & Green on

Two recent developments in equal pay laws—salary range disclosure and pay data reporting—are forcing employers in certain jurisdictions to review their pay practices and begin addressing pay equity if they are not doing so...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

Fox Rothschild LLP on

When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Perkins Coie

What Employers Don’t Know Can Hurt Them: Assessing EPOA Risk

Perkins Coie on

Since July 2018, Washington businesses have been operating under Washington’s Equal Pay and Opportunities Act (EPOA). The EPOA, which significantly expanded the state’s 1943 Equal Pay Act, is one of the most stringent equal...more

Allen Matkins

But Is It A Loan?

Allen Matkins on

Earlier this week, California' Department of Financial Protection & Innovation announced that it had entered into memorandums [sic] of understanding with five earned wage access companies.  If you haven't heard of a "earned...more

UB Greensfelder LLP

Congress Permits Employers to Voluntarily Extend FFCRA Leave and Claim Tax Credits Through March 31, 2021

UB Greensfelder LLP on

In March 2020, the federal government passed the Families First Coronavirus Response Act (FFCRA), which required employers to provide paid leave to employees under certain circumstances related to the global coronavirus...more

Sheppard Mullin Richter & Hampton LLP

New York State Releases First Guidance on New Paid Sick Leave Law

As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions...more

Seyfarth Shaw LLP

It’s All About Those Rates (Part I): Basic Rate of Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Brownstein Hyatt Farber Schreck

Colorado PTO: To Pay or Not to Pay

Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...more

Polsinelli

DOL Issues Guidance on Compensability of Company-Sponsored Volunteer Work

Polsinelli on

Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter....more

Sherman & Howard L.L.C.

Colorado Vacation Pay Update

Sherman & Howard L.L.C. on

Earlier this month, we alerted you that the Colorado Department of Labor was considering an enforcement position with respect to “use it or lose it” vacation policies. The CDOL recently issued a FAQ document about Colorado’s...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

Morrison & Foerster LLP

USDOL Proposes Significant Increase in Federal Salary Test for FLSA White Collar Exemptions

On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

Foley & Lardner LLP

As the Late, Great Joan Rivers Would Say, "Can We Talk" (About Our Salaries)? The Answer May Soon Be "Yes"

Foley & Lardner LLP on

Employees of federal contractors, who previously have dwelled silently – and often unknowingly – in the gender and race pay chasm, may soon have a new tool to help them build a bridge across the gap....more

Franczek P.C.

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Franczek P.C. on

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

Ballard Spahr LLP

DOL's Proposed Rule Would Generally Prohibit Pay Secrecy Policies for Federal Contractors

Ballard Spahr LLP on

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a proposed rule this week that would prohibit federal contractors and subcontractors from discriminating against employees or...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

Orrick - Employment Law and Litigation

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

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

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Miller Canfield

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

Miller Canfield on

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Carlton Fields

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

Carlton Fields on

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

Mintz - Employment, Labor & Benefits...

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

Pullman & Comley - Labor, Employment and...

Connecticut Congressman Sponsors “Payroll Fraud Prevention Act”

Readers of this blog will be aware that the misclassification of employees as independent contractors has been a major concern of state and federal authorities for several years. Employers don’t provide workers compensation...more

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