Employment Law This Week®: Special “Wage and Hour” Edition
Employment Law This Week: Top Issues of 2016 – DTSA, Non-Competes, Paid Sick Leave, Transgender Law, Overtime, NLRB Decisions
Employment Law This Week®: FLSA Overtime Rules, NYS Overtime Laws, National Origin Discrimination, Foreign Workers
Employment Law This Week: Break Pay, Misclassification of Franchisees, California Computer Professional Exemption, Non-Compete Payment
Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more
Ignorantia legis neminem excusat. That is, “ignorance of the law is no excuse.” Under this principle, those to whom the law applies are presumed to know the law and will be held accountable for violating it....more
On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more
What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more
The Colorado Department of Labor and Employment has been busy. In the last week, the Department has published proposed rules regarding equal pay, minimum wage, overtime standards, whistleblowing, anti-retaliation, mandatory...more
Supreme Court Rejects Integration of Commuting Time - Precedential Decision by Judiciary or Regulatory Agency - The French Supreme Court recently dismissed an itinerant worker’s request for overtime based on integrating...more
Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First Circuit, which opened a recent opinion, in a class action lawsuit about...more
This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to...more
The end of the first week of June is the deadline for California bills to pass out of their house of origin. The following are significant bills affecting private-sector employers in the Golden State that have advanced to...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
In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...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 Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more
On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...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
The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more
In Pippins v. KPMG LLP, No. 13-889 (2d Cir. July 22, 2014), the Second Circuit Court of Appeals unanimously held that entry-level audit associates (“Plaintiffs”) at KPMG LLP qualify for the Fair Labor Standards Act’s (“FLSA”)...more
Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more
On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action...more
Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more
Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more
In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more
Last week, President Obama ordered U.S. Department of Labor Secretary Tom Perez to update the existing federal regulations on overtime, the effect of which could allow millions of workers to qualify for time and half pay for...more
On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more