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
In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more
Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more
Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also describes how I feel when I see yet another class action lawsuit in a health care facility...more
California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code,...more
On September 27, 2021, Governor Newsom signed AB 1003 into law. AB 1003 adds a new type of grand theft to Penal Code section 487m for an employer’s intentional theft of wages in an amount greater than $950 (from any one...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) - On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more
Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more
The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more
In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more
On July 15, 2021, the California Supreme Court issued a decision that will increase dramatically California employers’ potential liability for missed meal, rest, and recovery breaks. In Ferra v. Loews Hollywood Hotel, LLC,...more
It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The...more
A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more
On February 6, 2020, in a 2-1 decision, the California Court of Appeal (Fourth District, Division Two) held that an employee's settlement agreement with a staffing agency on a wage-and-hour claim does not necessarily preclude...more
On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more
In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an...more
This month’s key California employment law cases involve wage and hour issues. Donohue v. AMN Servs., 29 Cal. App. 5th 1068, 241 Cal. Rptr. 3d 111 (2018) - Summary: Policy rounding employees’ time worked is legal if...more
In Furry v. East Bay Publishing (A151986, Filed 12/12/2018), a California appeals court held that imprecise evidence by an employee can provide a sufficient basis for damages when the employer fails to keep accurate records...more
Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action alleging unpaid wages, the California Court of Appeal affirmed a summary judgment for the employer, upholding a rounding policy that was neutral on its face...more
This month’s key employment law cases address the test for independent contractor status, the legality of an incentive compensation system, and personal liability for wage and hour violations....more
Over the last few months, many employees have sounded the alarm about sexual harassment (not funny). One issued a false alarm about an impending nuclear disaster (also not terribly funny). Sometimes Human Resources...more
Healthcare facilities are increasingly becoming targets of collective action lawsuits under the Fair Labor Standards Act (FLSA). Several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks....more
Seyfarth Synopsis: A New York appeals court held that home healthcare employees who work overnight shifts are entitled to pay for all hours in a client’s home in a 24-hour period—including sleep and meal periods. The...more
As Littler reported in March of 2015, a New York Supreme Court, Kings County Justice found that sleep and meal periods must not be excluded from the hourly wages of a home attendant who does not reside in the home of his or...more