Tag Archives: wage and hour

Belgian social partners reach agreement on employment conditions for the next two years. Or do they?

Group of 10 reaches agreement on employment conditions In the very early morning of 26 February, the Belgian social partners in the so-called Group of 10 (the main representatives of employers’ federations and trade unions) reached the bones of an agreement on employment conditions for 2019-2020. In this draft agreement, the margin for increases in … Continue Reading

FLSA OT Rule: Six Month Reprieve? U.S. House Votes Yes

On Wednesday, September 28, 2016, the U.S. House of Representatives passed the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act [pdf], by a vote of 246 to 177.  The Act would delay implementation of the Department of Labor’s Final Rule modernizing the Fair Labor Standards Act’s white‑collar exemptions from December 1, 2016 to June 1, 2017.  … Continue Reading

Driving Uber Crazy: Worker Class Action Lawsuits Ramp Up

Since it was launched back in 2009, Uber Technologies, Inc. has been in the national spotlight for developing and implementing its revolutionary “ridesharing” mobile application. Uber continues to appear in headlines for a multitude of reasons, many of which are desirable, and at least one of which is not: getting sued by its workforce. Despite … Continue Reading

Equal Pay Momentum – New Jersey Senate Labor Committee Approves Proposed Equal Pay Legislation

A week ago, President Barack Obama announced further efforts by the White House and EEOC to combat gender pay equality issues. The momentum from last week’s announcement carried its way up the coast from the District of Columbia to the state legislature of New Jersey. Yesterday, New Jersey’s Senate Labor Committee approved Senate Bill 992 … Continue Reading

Employee or Independent Contractor? US Department of Labor Provides New Guidance

“[M]ost workers are employees under the [Fair Labor Standards Act’s] broad definitions.” The debate over classification of workers as employees versus independent contractors has yet another chapter.  Last month, it was the California Labor Commissioner who sent ripples across the rideshare industry by telling Uber Technologies, Inc. that its drivers are employees, not independent contractors.  … Continue Reading

California Alert: Governor signs amendments to new paid sick leave law – changes effective immediately

California employers, take note.  Emergency legislation amending and clarifying certain provisions of the recently-effective Healthy Workplaces, Healthy Families Act was signed into law Monday (July 13) by Governor Brown, and went into effect immediately.  Among other changes, AB 304 amends the Act as follows: Regarding accrual of sick leave: Provides that an employer may use … Continue Reading

Unpaid Intern or Employee? Recent Decision Announces New Test for Intern Misclassification Cases

Second Circuit Court of Appeals Adopts New Test for Determining Whether Unpaid Interns Should Be Classified and Paid as Employees Unpaid internship programs have come under heightened scrutiny in recent years by the Department of Labor, the Internal Revenue Service, and other regulatory agencies, as well been the subject of a number of high-profile lawsuits. … Continue Reading

California Labor Commissioner Puts the Brakes on Uber

Agency says drivers are employees, not independent contractors In a move that could potentially disrupt a burgeoning industry, a hearing officer for the California Labor Commissioner decided earlier this month that a former Uber driver is an employee under California law, not – as Uber contends – an independent contractor.  (For those not familiar with … Continue Reading

Minimum wage and paid sick leave update (CA, MA, OR) – Oregon state law may preempt current city patchwork!

Do you have employees in Massachusetts, Oregon, Los Angeles or Emeryville, California? Read on and get ready. Last week, the Oregon legislature passed a paid sick leave bill that is expected to be signed into law by Governor Kate Brown.  The law would require employers with employees in Oregon to provide up to 40 hours … Continue Reading

Class Actions Threaten “On-Demand” Industry—Uber and Lyft in Glare of Unwelcome Spotlight

The explosion in the development of smartphone applications has allowed for all sorts of new businesses to pop up—personal shoppers (Instacart), restaurant delivery (GrubHub) and private chauffeurs (Uber and Lyft).  We, as consumers, now have instant access to goods and services we didn’t even know we needed.  This new boom has even earned its own … Continue Reading

United States Supreme Court Declines to Review California Supreme Court Decision Erecting Barriers Against Arbitrating Private Attorneys General Act Claims

On January 20, the United States Supreme Court denied a motion for certiorari filed by CLS Transportation which was appealing the California Supreme Court’s decision in Iskanian v. CLS Transportation, about which we blogged in June. While Iskanian generally vindicated employers’ right to enforce class action bans in arbitration agreements, the California Supreme Court distinguished … Continue Reading

New York Eliminates Annual January Wage Notice Requirement, But Increases Penalties for Wage and Hour Violations

On February 27, 2015, amendments to New York’s Labor Law, including the Wage Theft Prevention Act go into effect. On December 29, 2014, Governor Cuomo signed into law a bill (S5885-B, A8106-C) amending the labor law to eliminate the burdensome requirement on employers to have employees sign annual wage notices every January. However, the bill … Continue Reading

Ninth Circuit Says Plaintiffs Now Have to Plead Specific Facts Supporting FLSA Claims to Avoid Dismissal

On November 12, 2014, the Ninth Circuit addressed an issue of first impression regarding the pleading specificity required to bring an action for unpaid minimum wages and overtime wages under the Fair Labor Standards Act (“FLSA”) in Landers v. Quality Communications, Inc. [pdf] This opinion is important because many employers served with FLSA collective actions … Continue Reading

San Francisco Minimum Wage Increases January 1 and Again May 1, 2015

Proposition J passed in San Francisco earlier this month approving a minimum wage increase to $11.05/hour effective January 1, 2015.  On May 1, it will increase again to $12.25/hour.  San Francisco employers should plan to update payroll systems and paystubs to reflect this change in hourly and overtime rates for any employees impacted by this … Continue Reading

US Voters Approve Paid Sick Leave, Higher Minimum Wage

Paid Sick Leave Laws Sweeping the Nation At the polls last week, Massachusetts, Oakland, California, and Montclair and Trenton, New Jersey voters approved measures instituting minimum paid sick leave requirements for workers. Montclair and Trenton are the 7th and 8th cities in New Jersey to require paid sick leave for workers in their cities in … Continue Reading

US Appeals Court Says Collective Action Waiver in Separation Agreement Unenforceable As Improper Limit on FLSA Rights

As we’ve reported here and here, recent decisions from the US Supreme Court, federal appellate courts, and more recently, even the California Supreme Court (see here) have clarified that class and collective action waivers in arbitration agreements, including those that waive employees’ right to bring a claim under the federal Fair Labor Standards Act (FLSA) … Continue Reading

France: New laws on part-time contracts

As part of its push to simplify employment law and regulation, but using the word “simplicity” in its very loosest sense, the French Government has introduced new rules governing the use of part-time contracts. The key changes for French employers to note are that part-time employees must usually be offered a minimum of 24 hours’ … Continue Reading

Does the US Winter Weather Impact Employee Wages?

With much of the United States covered in ice and snow, many employers are questioning when they need to pay employees who are affected by weather-related disruptions.  All throughout the United States employees have been late to work because they were stuck in the snow or their kids’ school was yet again delayed and businesses … Continue Reading

14 States Increase the Minimum Wage for 2014

As of January 1, 2014, thirteen states will raise the minimum wage for workers.  In Arizona ($7.90 per hour), Colorado [pdf] ($8.00 per hour), Connecticut [pdf] ($8.70 per hour), Florida [pdf] ($7.93 per hour), Missouri ($7.50 per hour), Montana ($7.90 per hour), New Jersey ($8.25 per hour), New York ($8.00 per hour), Ohio ($7.95 per … Continue Reading

Fifth Circuit Overrules Key Portion of recent NLRB Decision – Arbitration Agreements Containing Class Action Waivers Held Enforceable

In a highly anticipated decision, the Fifth Circuit Court of Appeals declined to enforce the key portion of the National Labor Relations Board’s (NLRB) decision in D.R. Horton, Inc.  In January 2012, the NLRB ruled that an arbitration agreement between an employer and an employee that required the employee to bring any claims against the … Continue Reading

US New York Wage Deduction Regulations Take Effect

As we reported earlier, last year, New York amended its wage deduction statute [pdf] and greatly expanded categories of permissible deductions from employees’ pay.  In an earlier post, we discussed the regulations interpreting Labor Law Section 193 proposed by the New York Department of Labor.  The New York Department of Labor has now adopted those … Continue Reading

Unpaid Interns on the Attack

In recent years, unpaid interns have made headlines by bringing suit against companies for allegedly failing to pay minimum wage and overtime wages in violation of the Fair Labor Standards Act (FLSA) and state wage and hour laws.  In order to avoid potential litigation and negative publicity, employers should review their requirements under the FLSA … Continue Reading
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