On August 28, 2018, the Wage and Hour Division of the United States Department of Labor (“WHD”) issued four new opinion letters interpreting various aspects of the federal Fair Labor Standards Act (“FLSA”). In addition, the WHD has announced plans to analyze and consider changes to the FLSA’s white collar overtime exemption regulations applicable to … Continue Reading
On July 26, 2018, the California Supreme Court ruled in Troester v. Starbucks Corporation that the federal de minimis doctrine does not apply to a California employee’s class action wage claims. This ruling will have widespread impact, particularly on those employers with large numbers of non-exempt employees such as retailers and food service providers, as … Continue Reading
As we blogged earlier this year, in March 2018, the United States Department of Labor (DOL) announced a new program, referred to as PAID (or, Payroll Audit Independent Determination), under which employers may voluntarily apply for DOL assistance in resolving potential claims for wage underpayment under the federal Fair Labor Standards Act (FLSA). As previously … Continue Reading
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new, nationwide pilot program which it claims will facilitate quick and efficient resolutions of Fair Labor Standards Act (“FLSA”) minimum wage and overtime violations by allowing employers to promptly pay back wages to employees and at the same time avoid time consuming litigation … Continue Reading
Uber, Lyft, Airbnb, Postmates, DoorDash. All are companies participating in what has been labeled the “gig economy,” where tasks are performed by workers on a short-term or freelance basis rather than through long-term or permanent employment. As more people participate in this new, mostly smartphone application or Internet-based work model, litigation has followed centering on … Continue Reading
On January 5, 2018, the Wage and Hour Division of the U.S. Department of Labor (DOL) reissued 17 advisory Opinion Letters that were published during the final months of former President George W. Bush’s administration, but were subsequently rescinded by the Obama administration. Opinion Letters do not establish new law, but instead are vehicles through … Continue Reading
On Friday, January 5, 2018, the United States Department of Labor (“DOL”) issued a statement that it will no longer follow its six-factor test in determining whether an individual is a non-employee intern (rather than an employee) under the Fair Labor Standards Act (“FLSA”), and instead will apply a broader analysis commonly referred to as … Continue Reading
The Fair Labor Standards Act (“FLSA”) provides that employers ordinarily must pay their non-exempt employees at least the federal minimum hourly wage of $7.25. However, employers may pay “tipped employees” as little as $2.13 per hour if they regularly earn more than $30 per month in tips, and then make up the difference between the … Continue Reading
I have done my best to make this case report sound interesting and I like to think that even the most casual review of it will show that I have, well, failed. However, it is still important, especially for those involved in collective redundancy or TUPE consultations. Employers may need to revisit the potential cost … Continue Reading
Through a long and not very relevant series of arguments, the Court of Appeal in De Souza – v – Vinci Construction (UK) Limited has just decided that in effect they are. This is not a surprising conclusion, since otherwise inflation would erode the value of such awards as either proper compensation for the employee … Continue Reading
We previously reported that all Arizona employers will be required to make paid sick leave available to their employees beginning on July 1, 2017. The law requires that businesses with 14 or fewer employees provide at least 24 hours of leave annually, and businesses with 15 or more employees provide at least 40 hours of … Continue Reading
Off to a flying start, or what? Not content with hosting the next in our series of international labour and employment law webinars, our new L&E Asia hub partner Julia Yeo will shortly be treading the boards again with a starring role at the Tower Ballroom – but not dancing and, no doubt to her … Continue Reading
As we previously reported to you, pay history has recently become a topic of much discussion among federal, state and municipal legislatures. Many jurisdictions around the country are considering laws that would quell employer inquiries into candidate pay history. The underlying purpose of these laws is to level out the historical pay gap between men … Continue Reading
On May 2, 2017, the House passed H.R. 1180, The Working Families Flexibility Act of 2017, which would allow private employers to offer paid time off, also known as “comp time,” instead of time-and-a-half wages for overtime hours. Congress had previously amended the Fair Labor Standards Act in 1985 to allow public-sector employees to be … Continue Reading
Can employers ask a prospective employee what they have earned at prior jobs? For most employers, the answer is currently – yes. But, if you are among the large group of employers that do ask about past earnings, take heed. A growing number of states and municipalities and even the federal legislature are considering new … Continue Reading
In another roll-back of Obama-era regulations, the Senate voted last night, 49 to 48, to repeal the contractor disclosure rule. This rule required companies bidding on federal contracts valued at more than $500,000 to disclose violations of 14 federal labor laws, including those pertaining to workplace safety, wages and discrimination. Finalized in August and blocked … Continue Reading
On November 8, 2016, voters in the City of San Jose approved the “San Jose Opportunity to Work Ordinance.” The Ordinance is well-intentioned, but open to significant interpretation. This is important, given the potential exposure to steep penalties and legal liability for failure to comply. Here, we break down what you need to know, and … Continue Reading
On February 16, 2017, the New York State Industrial Board of Appeals (IBA) issued a Resolution of Decision invalidating and revoking regulations that would have required employers to satisfy certain notice requirements and obtain employees’ informed consent in connection with payment by direct deposit or debit card as well as regulated fees charged by vendors. … Continue Reading
For some time, the majority of married women working part-time in Japan have brought home annual pay of less than 1 million yen (around USD 9,150 at today’s exchange rates). This is largely the result of tax and compensation policies: At an annual income of 1.03 million yen, a part-time employee becomes subject to income tax, … Continue Reading
The election results are in, and President-elect Donald Trump’s victory over Secretary Hillary Clinton has the nation abuzz and undoubtedly will for the foreseeable future. However, the Presidential race was not the only notable race or measure on the ballot. Although the dust hasn’t quite settled from last night’s historic vote, there a number of … Continue Reading
Some legal blogs stretch their analogies too far. This one doesn’t. Whether or not you actually care about who won the synchronised swimming, what happens to unsuccessful North Koreans or why you would invent a mugging while trashing a toilet, do take a look at this clever piece on executive remuneration as an Olympic sport. … Continue Reading
Today (June 22, 2016), Chicago’s City Council passed an ordinance requiring employers to provide paid sick leave to employees beginning on July 1, 2017. Mayor Emanuel spoke in favor of the ordinance following the Council’s vote, noting his “fervent wish” that the state of Illinois would follow suit and pass a statewide paid sick leave … Continue Reading
Here is a recent case which contains lessons harder than A-Level Maths for employers with discretionary bonus schemes. Mr Hills was regional sales manager in the UK for Niksun Inc, a US-owned business whose website says that it is “the primary provider of full packet capture for DISA“. No, nor me. Niksun runs a bonus … Continue Reading
Minneapolis is the first city in the Midwest to jump on the sick leave bandwagon. On May 27, the Minneapolis City Council passed a sick and safe time ordinance that requires employers of employees working in Minneapolis to provide sick leave to those employees. Beginning July 1, 2017, employers of 1-5 employees must provide unpaid … Continue Reading
