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Recent Posts
- Get Ready to Ring in the New Year with More Employment Law Changes
- Michigan Revises Paid Sick Leave Mandate and Minimum Wage Increases
- California Supreme Court Rejects De Minimis Exception and Requires Employers to Compensate Employees for Every Second of “Off-the-Clock” Work
- Restoring Balance: Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements, Providing Employers with Some Relief from Rampant Wage and Hour Class Litigation
- Policy Innovation or Pandora’s Box? The Department of Labor Considers Revising Pay Calculations in 2018 Regulatory Agenda
- Department of Labor Issues New Opinion Letters, Reversing Obama-Era Policy
- Fair, Not Necessarily Narrow: Supreme Court Changes Course Regarding the Interpretation of FLSA Exemptions
- Overtime Calculations in California: California High Court Favors an Expansive Formula and Declines to Follow Federal Precedent
- After Cold Reception from Appellate Courts, DOL Rescinds Internship Enforcement Guidance and Adopts “Primary Beneficiary” Test
- A Tipping Point? DOL Reconsiders Stance on Tip Pooling
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Showing 8 posts in Minimum Wage.
Get Ready to Ring in the New Year with More Employment Law Changes
The holiday season is the perfect time to reflect on the prior year and plan for the upcoming one. In 2018, a spotlight was directed at sexual harassment issues, leading to significant upcoming changes in some states’ employment laws. Likewise, mandatory paid sick leave became a major 2018 issue that has led to changes for many employers. More
A Tipping Point? DOL Reconsiders Stance on Tip Pooling
On December 4, 2017, the U.S. Department of Labor (“DOL”) announced proposed changes that could have a large impact on many businesses that employ tipped workers. Citing changes in state laws and significant litigation involving tip pooling, the DOL is considering rescinding certain restrictions on tip pooling for employers who do not claim a tip credit against the federal minimum wage. A Notice of Proposed Rulemaking regarding these potential changes was published on December 5, 2017 for public comment. More
2016 Ushers in a Patchwork of New Minimum Wage Laws
The minimum wage requirements in different states, cities and counties across the country became even more of a patchwork on New Year’s day, with fourteen states adopting increased minimum wages above the federal standard of $7.25 per hour. Such states include California, Massachusetts, Michigan and Nebraska. More than a dozen cities and counties also increased their minimum wages at the end of 2015 or will do so in the Summer of 2016. Employers should pay close attention to minimum wage increases at the state and local level, because they can impact more than just employees earning the current minimum wage. More
Another Sunny Year Awaits California Employers!
With holiday parties behind us and companies settling back into their normal routines, it’s the perfect time to highlight some recent changes in California employment law that may require your attention. Some of the laws outlined below, including the California Fair Pay Act, changes to piece-rate compensation requirements, and expanded anti-retaliation protections, may necessitate revisions to existing company policies or creation of new policies. More
Minding the Gap (Time): District Court Offers Alternative to the Workweek Standard for Evaluating Minimum Wage Gap-Time Claims
Employee claims under the Fair Labor Standards Act (FLSA) for unpaid minimum wages are routinely dismissed where the employer can demonstrate that wages, when averaged across work hours in a week, meet or exceed the minimum wage. However, a federal judge in the District of Rhode Island has given plaintiffs an alternative argument to avoid such dismissal, which employers should note. More
Who Benefits from Your Unpaid Internship Program? The Second Circuit Rejects the Department of Labor's "Rigid" Six-Factor Test, But Considerable Risks Remain for Private Employers Using Unpaid Interns
Are you paying the intern you just sent out to grab your morning cup of coffee? If not, you may have a wage and hour violation on your hands. Private employers have increasingly come under attack over their use of unpaid interns by the Department of Labor and private litigants. This is especially the case where an unpaid intern performs tasks more akin to an administrative assistant than an on-the-job student/trainee. More
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Topics: Classification, Department of Labor (DOL), Fair Labor Standards Act (FLSA), Interns and Internships, Minimum Wage, Misclassification, Overtime
Michigan's Minimum Wage Receives First Boost in Eight Years
On Tuesday, May 27, 2014, Michigan’s House and Senate reached a bipartisan agreement to raise the state’s minimum wage by 25 percent over the next four years, to $9.25 an hour by January 1, 2018. More
Department of Labor Announces Continued Crack Down on Alleged Wage and Hour Violations
Employers should be vigilant, now more than ever, concerning the steps they take to ensure compliance with wage and hour laws. More
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Topics: Department of Labor (DOL), Independent Contractor, Minimum Wage, Misclassification