Tag Archives: wage and hour

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

New Wage Deduction Regulations To Go Into Effect Soon: New York Employers Be Prepared

Last year, New York amended its wage deduction statute and greatly expanded categories of permissible deductions from employees’ pay.  In addition to statutory deductions and deductions for health and welfare plans which have traditionally been permissible, New York employers may now deduct wages for the benefit of the employee, including the following: insurance premiums and … Continue Reading

Paid Sick Leave Coming to New York City

New York City recently passed legislation to join only a handful of cities in the United States to mandate paid sick leave for employees.   New York City Council passed the Earned Sick Time Act overriding Mayor Bloomberg’s earlier veto.  The Earned Sick Time Act requires that employers of at least 20 employees provide paid sick … Continue Reading

Supreme Court Declines to Decide Whether Offers of Judgment to Named Plaintiffs Can Moot A Wage and Hour Collective Action

Yesterday, the United States Supreme Court had the opportunity to address a split in the circuits regarding whether or not a Rule 68 offer of judgment to a named plaintiff in a FLSA collective action mooted a potential collective action.  In Genesis Healthcare Corp., et al. v. Symczyk [pdf], the Supreme Court held that because … Continue Reading

Multi-state Employers Beware of State Wage Laws

This week’s decision [pdf] from a Pennsylvania district court invalidating the FLSA fluctuating work week method under Pennsylvania wage law serves a good reminder to multi-state employers that just because something is okay under the federal wage law does not necessarily make it so under the corresponding state wage law.  Employers should always ensure that their … Continue Reading

Can You Spot Your Wage & Hour Problems?

The following list of questions provides a snapshot to use in determining whether or not you are complying with the wage and hour laws and regulations. You should know the answer to every one of these questions. Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you … Continue Reading

California High Court Clarifies Employer Obligations to Provide Paid Rest Periods and Unpaid Meal Breaks

In a decision employers have been anticipating since 2008, the California Supreme Court has clarified key aspects of the state’s laws regarding paid rest periods and unpaid, duty free, meal breaks for non-exempt employees.  In Brinker Restaurant Corporation v. Superior Court, the high court examined exactly how many 10-minute paid rest periods non-exempt employees are … Continue Reading

California Poised to Raise the Stakes for Misclassifying Employees as Contractors and Failure to Pay Wages Properly

The California legislature passed two new laws employers should not ignore.  SB 459, now awaiting Governor Brown’s signature to go into law, imposes additional penalties against employers who are found to have willfully misclassified independent contractors.  Willful misclassification is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as … Continue Reading

Supreme Court Broadens FLSA Whistleblower Protection To Include Oral Complaints

As previously reported in Squire Sanders’ Sixth Circuit blog, the Supreme Court recently ruled that oral statements made to an employer regarding wage and hour violations are sufficient to trigger the anti-retaliation provision of the Fair Labor Standards Act (FLSA).  Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834 (March 22, 2011).  Thus, employees are not … Continue Reading

Will DOL Cuts Give Employers a Break?

President Obama’s Director of the Office of Management and Budget announced earlier this week that the White House’s budget proposes to cut the Department of Labor’s funding for fiscal year 2012 by 5%.  In other words, the DOL is going to have to do more with less.  Or maybe they’ll just have to do less. Some employers are hopeful … Continue Reading
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