Wage and Hour

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Ninth Circuit Holds Time Spent Logging On and Off Computers May Be Compensable Under FLSA (US)

Employers who have employees log onto computers before clocking into a time-keeping system and who have them clock out before shutting the computer down may be violating the Fair Labor Standards Act (FLSA) according to the Ninth Circuit Court of Appeals in Cadena v. Customer Connexx LLC. According to the facts in Cadena, employees had … Continue Reading

DOL Issues Notice of Proposed Independent Contractor Rule (US)

On October 11, 2022, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking that would make it more difficult for employers to properly classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA).… Continue Reading

Employment Law in the Metaverse (US)

The metaverse is poised to reshape the way we live and work. Employment law in real life is vexing enough, with US employers required to navigate the complex federal, state and local laws and regulations that impact the employment relationship. Now some employers and businesses are making the leap into the virtual world, where employment … Continue Reading

Summer State/Local Law Round-Up, Part 2 of 2: Ohio through West Virginia (US)

In our post earlier this week, we covered recent developments in state and local labor and employment laws in the states at the beginning at the alphabet. We now turn our attention to developments in the remaining states.… Continue Reading

Summer State/Local Law Round-Up, Part 1 of 2: California through New York (US)

Now that we’re almost half-way through 2022, it’s time again to cover all of the development in state and local labor and employment laws. It’s been a busy time in the state legislatures and city councils, with lots of new laws and amendments to existing laws. In fact, due to the large number of updates, … Continue Reading

UAE: what next in working week changes

The UAE authorities announced late last year that in Federal Government departments from 1 January 2022 the working week would be reduced to four and a half days, with the weekend running from Friday afternoon to Sunday night. The authorities also confirmed that all schools and universities would operate from Monday to Friday on the … Continue Reading

DOL Issues New Guidance, Specific Examples of Prohibited Retaliation Under WHD-Enforced Wage & Hour Laws (US)

On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

Belgium takes first steps towards improved work-life balance in new Labour Deal

After the federal majority parties failed to conclude an agreement on Friday on a series of labour market reforms, they finally broke the deadlock overnight on Monday this week. In an early fail on the work:life balance front, the new measures were unveiled at a presumably sparsely-attended press conference at 2.30am. Bleary-eyed Ministers praised the … Continue Reading

The four day working week: revolutionising working life, one day at a time (UK)

The idea of a universal four-day working week – with the reduction in working time intended to bolster productivity and wellbeing – is not new. In 1956 Richard Nixon argued (perhaps a little prematurely) that “the four-day work week is inevitable”; from 2007-2011 Republican politicians in Utah redefined the week for State employees as from … Continue Reading

National minimum wage enforcement – six traps to avoid (UK)

Just before Christmas, somewhat lost perhaps amidst the Plan B vs the did-he, didn’t-he Christmas Party merry-go-round, the government released the latest list of employers being “named and shamed” for failing to pay the minimum wage. As you may recall, although the naming and shaming scheme has been around since 2011, it was paused in … Continue Reading

State Law Round-Up: Year-End Edition (US) (Part 2 of 2)

Welcome to Part 2 of the 2021 Year-End Edition of the State Law Round-Up, covering states in the second half of the alphabet. Part 1, covering the first part of the alphabet, can be found here. Maine:  Maine’s “ban-the-box” law, HP 845, went into effect October 18, 2021.  The law prohibits private employers from requesting … Continue Reading

California Legislature Enacts New Employment Laws To Take Effect in 2022 (US)

The California Legislature increased the complexity of employment law in the Golden State by enacting several employment laws that will soon take effect.  Below we summarize key aspects of the more significant new legislation. Intentional Failure to Pay Wages May Constitute the Felony of “Grand Theft” (Assembly Bill 1003) Under current law, employers who wrongfully … Continue Reading

National Minimum Wage compliance – car alarm for employers in new EAT judgment (UK)

The Employment Appeal Tribunal recently handed down its judgment in Augustine v Data Cars Ltd. The case concerned a taxi driver who alleged that his pay had fallen below the National Minimum Wage, but the arguments upheld by the EAT have far wider significance than the cabbing industry – they extend to any employer with … Continue Reading

Department of Labor Updates (Yet Again) Its Rules on Paying Tipped Workers (US)

On October 28, 2021, the U.S. Department of Labor (DOL) issued its Final Rule on tipped wages. As Presidential administrations have changed through the years, so too has the DOL’s view regarding the circumstances under which employers can pay tipped workers less than the federal minimum wage. [See this 2019 post for the immediately prior … Continue Reading

California Becomes More Expensive for Employers: Meal and Rest Break Premiums Now Track Overtime and Must be Paid at the Regular Rate of Pay, Retroactively (US)

Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading

US Federal Labor Viewpoints – Week of June 21, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 21, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of May 31, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

DOL Returns to the Practice of Seeking Liquidated Damages in Settlements in Lieu of Litigation, Rescinding Trump-Era Policy (US)

On April 9, 2021, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2021-2, which provides updated guidance to Wage and Hour Division (“WHD”) field staff regarding the practice of seeking liquidated damages in settlements in lieu of litigation. In so doing, the DOL rescinded a Trump-era policy aimed at reducing the imposition … Continue Reading

Sleepovers and the NMW, Part II – clarity at long last for the UK care sector

It was what seems an eternity ago in July 2018 that the Court of Appeal handed down its judgment in the combined cases of Royal Mencap v Thompson Blake and John Shannon v Jakishan and Prithee Rampersad (t/a Clifton House Residential Home). A link to our blog post at that time is here.  Readers will … Continue Reading

Spring State Law Round-Up (CT, IL, OH, NY, PA, DC)

State legislatures have been busy in 2021 passing new employment-related laws. Here we look at some of the highlights of new laws in Connecticut, Illinois, Ohio, New York, Pennsylvania, and Washington, D.C. Connecticut is the latest state to prohibit discrimination based upon traits historically associated with race, including hair texture, protective hairstyles such as wigs … Continue Reading

Considerations for Employers Contemplating Incentive Programs to Encourage Employees to Receive the COVID-19 Vaccine (US)

As we discussed in a previous post, the US Equal Employment Opportunity Commission (“EEOC”) published guidance in December 2020 on employer mandatory COVID-19 vaccination policies. That guidance explained that subject to a few exceptions, employers can require that employees receive the COVID-19 vaccine as a condition of returning to, or remaining in the workplace.  However, … Continue Reading
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