The California Court of Appeal has held in General Atomics v. Superior Court of San Diego County that wage statements listing overtime premiums separately to show “0.5 times the regular rate of pay rather than 1.5” do not...more
A recent California Superior Court order denied approval of a proposed settlement in Lime Scooter Co.’s ongoing PAGA litigation. In its order, the court offered important considerations for employers at risk of high-stakes...more
In its recent Donohue v. AMN Services, LLC decision, the California Supreme Court held that employers can not “round” employee time for purposes of calculating statutorily mandated meal breaks. It also held that records...more
The Wage and Hour Division of the Department of Labor (DOL) has issued an opinion letter addressing compensable time spent commuting between the office and home. The opinion letter comes at a time when employers are beginning...more
New provisions of the Massachusetts Paid Family and Medical Leave (PFML) law went into effect on January 1, 2021. Employers with any workers in Massachusetts should be apprised of these new PFML benefits, which provide...more
"Joint Employer" Status in the Wage and Hour Context -
A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more
9/25/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Rulemaking Process ,
Wage and Hour
The Department of Labor’s Wage and Hour Division recently released a Field Assistance Bulletin (FAB) addressing employers’ obligations to calculate and pay their employees working remotely. This FAB speaks directly to...more
The Department of Labor’s (DOL's) Wage and Hour Division has issued a new set of assistance materials to help employers navigate the evolving challenges facing businesses during COVID-19. These assistance materials come at a...more
7/30/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
New Guidance ,
Paid Leave ,
Posting Requirements ,
Reasonable Accommodation ,
Remote Working ,
Sick Leave ,
Wage and Hour
FOCUS ON WAGE & HOUR -
DOL Updates Overtime Exemption for Commissioned Retail Workers -
The U.S. Department of Labor (DOL) has revised its regulations to simplify the statutory scheme governing whether employees who...more
Equal Pay Act Claims and “A Factor Other Than Sex” – Past Salary Information -
The en banc Ninth Circuit Court of Appeals has held that a female employee’s Equal Pay Act claim against her county-employer should be revived....more
Changes and Guidance in the National Employment Sphere -
As the number of confirmed COVID-19 cases continues to increase, national employers across the country are moving to remote-work models or suspending work...more
3/30/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Layoffs ,
OSHA ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Telecommuting ,
Title VII ,
Trump Administration ,
Wage and Hour ,
WARN Act
Pay Equity: Philadelphia’s Salary History Ban Upheld by Third Circuit -
The Third Circuit Court of Appeals rejected a First Amendment challenge by the Greater Philadelphia Chamber of Commerce to a city ordinance that...more
3/3/2020
/ Employer Liability Issues ,
Equal Pay ,
First Amendment ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
11/20/2019
/ CA Supreme Court ,
CVS ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
IWC ,
Labor Law Violations ,
Labor Regulations ,
Safeway Inc ,
Seating ,
Settlement ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders ,
Working Conditions
For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated. This modest development increases the earning threshold necessary to exempt executive, administrative...more
11/1/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Job Duties ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
With the advent of California’s Private Attorneys General Act of 2004 (PAGA), employees can step into the shoes of a state attorney general and bring lawsuits against their employers, seeking civil penalties for Labor Code...more
9/26/2019
/ Arbitration Agreements ,
CA Supreme Court ,
Civil Monetary Penalty ,
Class Action Arbitration Waivers ,
Class Representatives ,
Compensatory Damages ,
Damages ,
Fines ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
State Law Remedies ,
Unpaid Wages ,
Wage and Hour
Since the May 5, 2018, amendment of the New York Safe and Sick Time Act (20 NYCRR §§ 20-911 et seq), the New York Department of Consumer Affairs (DCA) has ramped up compliance investigations of employers, issuing Notices of...more
Set against the backdrop of the women and minority rights movement, the City of Philadelphia is among a number of state and local governments that have enacted legislation intent on reducing or eliminating the wage gap....more
1/7/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Sex Discrimination ,
State and Local Government ,
Wage and Hour
New York State -
As part of a broad agenda to protect and advance women’s equality, New York Governor Andrew Cuomo signed the Achieve Pay Equity Law (S.1/A.6075), which expands and changes New York’s equal pay act, N.Y....more
7/13/2018
/ Disparate Impact ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour