California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
Construction Roundtable: Top 4 Legal Risks for Federal Construction Contractors
Quick Takeaways From the 2024 Proposed Hospice Wage Index Rule
Today’s Fight for the Rights of Union Workers with Deborah Willig: On Record PR
Employment Law This Week: Judge Neil Gorsuch, New Immigration Orders, EEOC & NLRB Acting Chairs, Philadelphia’s Wage Equity Law
How Might Your Company be Affected by West Virginia's Employment Law Changes?
Annual Labor & Employment Update 2013
Rules for rewarding 'super' condo board members
Bar President: 3Ls Should Get Paid for Internships
Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
Attorneys Should Be Compensated on Efficiency, Not Hours
Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More
Congressman: My Plan Would Reduce Student Loan Defaults: Video
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL - As...more
Under federal and California law, employers must include most bonuses and incentives in the “regular rate” for paying overtime, as well as meal and rest period premium pay. Often, such as with a monthly or quarterly bonus, an...more
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more
New York AG Letitia James reached a settlement with home care health agencies Intergen Health, LLC and Amazing Home Care Services, LLC (collectively “Agencies”) to resolve allegations that they failed to pay appropriate wages...more
On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more
On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act (VOWA) into law. Prior to this, Virginia did not have its own overtime law, which meant that only the overtime pay provisions of the federal Fair...more
On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader...more
As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more
The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in New Jersey where an entity (and its...more
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
Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...more
In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more
Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more
The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more
The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...more
On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...more
The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more
Bartenders at the popular New Orleans watering hole, Pat O’Brien’s, have sued the bar in federal court claiming that managers regularly took money out of their tip jars, causing them to receive less than the minimum wage....more
Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more
The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more
The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more
We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...more
On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). ...more
More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more
A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more