Happy New Year! As we kick off 2025, we’re exploring key legal trends for employers, with a focus on the implications of the incoming Trump administration.
In this episode, attorneys from Epstein Becker Green's Employment,...more
This week, we asked a few of our labor and employment attorneys to recap the most significant challenges their clients faced in 2024:
It has been a pivotal year for employers, marked by challenges to federal agency...more
On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026.
This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more
On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”)....more
In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more
1/16/2020
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Lump Sum Payments ,
Minimum Salary ,
Over-Time ,
Rulemaking Process ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
With the start of the New Year, new state and local minimum wage increases have gone into effect for non-exempt employees across the country.
...more
…With the start of the New Year, employers in the hospitality sector should prepare for new state- and local- minimum wage increases for their non-exempt employees. To help multi-jurisdictional employers easily navigate...more
1/3/2020
/ Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Non-Exempt Employees ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages
Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more
12/20/2019
/ Common Law Claims ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Proposed Legislation ,
Rest and Meal Break ,
Strict Compliance ,
Wage and Hour
Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the...more
11/13/2019
/ Appeals ,
Breach of Implied Contract ,
Corporate Counsel ,
Distribution Rules ,
Employer Liability Issues ,
Employment Litigation ,
Food Service Workers ,
Labor Code ,
Labor Regulations ,
Putative Class Actions ,
Service Charges ,
Statutory Interpretation ,
Statutory Violations ,
Tips ,
Unjust Enrichment ,
Wage and Hour
On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers...more
11/8/2019
/ Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Labor Regulations ,
Non-Exempt Employees ,
Proposed Rules ,
Public Comment ,
Rate of Pay ,
Regulatory Agenda ,
Rulemaking Process ,
Salaried Employees ,
Wage and Hour ,
Work Schedules
Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements...more
10/9/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour