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Compensation & Benefits Employer Liability Issues Wage and Hour

Epstein Becker & Green

Changes Coming in 2025 to Michigan Minimum Wage, Tip Credit, and Earned Sick Time

The Michigan Supreme Court has written the latest, and perhaps last, chapter of an ongoing saga affecting most Michigan employers. In Mothering Justice v. Attorney General, the Michigan Supreme Court fully restored sweeping...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Fox Rothschild LLP

Will Employers Ever Learn? Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

Fox Rothschild LLP on

One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation. This trend is especially prevalent in the customer...more

Ius Laboris

‘Cumulative’ Maternity Dismissal Compensation

Ius Laboris on

The Antwerp Labour Court recently settled the question of whether compensation for maternity protection and separate compensation for discrimination can both be awarded for the same dismissal under Belgian law....more

Seyfarth Shaw LLP

Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

Seyfarth Shaw LLP on

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more

Trusaic

[Webinar] Exploring Pay Equity: Establishing a Strong Foundation - April 18th, 11:00 am - 12:00 pm PDT

Trusaic on

When conducting a pay equity analysis, the primary focus is often on multiple regression analysis that is used to address pay disparities. While it may be tempting to get there as quickly as possible, there exists significant...more

Lerch, Early & Brewer

Expanded Minimum Wage Law Covers Employees Who Work 2 Hours a Week in DC

Lerch, Early & Brewer on

Does your Company have employees who are based elsewhere but travel into the District of Columbia to perform work from time to time?  Do you pay these employees less than $17.00 per hour?  If so, it may be time to increase...more

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Littler on

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more

Ius Laboris

What we mean by ‘pay’?

Ius Laboris on

Notwithstanding the ‘love’ cited by Raymond Carver in his masterpiece, one of the main reasons why people work is the pay. You might even say that people love pay. ...more

Whitcomb Selinsky, PC

The Role of Supplemental Jurisdiction in De Asencio v. Tyson Foods

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In the 2003 case of De Asencio v. Tyson Foods, the United States Court of Appeals, Third Circuit, tackled a labor dispute involving Tyson Foods and its employees' claim of unpaid wages. The lawsuit focused on alleged...more

Epstein Becker & Green

Wage War: Massachusetts Trial Court Rejects Globe Ex-President’s Profit-Sharing Claim Disguised as Wage Act Violation

On January 31, 2024, a Massachusetts trial court dismissed a claim against the Boston Globe alleging that the newspaper violated the commonwealth’s Wage Act by failing to pay an executive’s 2020 profit-share which the...more

FordHarrison

California Pay Data Reporting and Pay Transparency for Federal Contractors

FordHarrison on

Executive Summary: This Alert discusses actions at the state and federal level to require transparency in pay, in an effort to address pay equity issues. Employers should be aware of new and existing requirements and ensure...more

Parker Poe Adams & Bernstein LLP

Proposal Would Prevent Government Contractors From Using Pay History in Setting Compensation

Some employers ask applicants about how much they made at a prior job in order to establish their compensation for the new position. A number of states have recently adopted legislation that prohibits or limits the ability of...more

Trusaic

[Virtual Event] Pay Equity Deep-Dive: Setting the Right Foundation - February 15th, 12:00 pm ET

Trusaic on

When conducting a pay equity analysis, the “star of the show” is often the multiple regression analysis that is used to identify and remediate pay disparities. While it may be tempting to get to this stage of the work as...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

Littler on

The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Whitcomb Selinsky, PC

Unpaid Wages and the Labor Dispute: A Dive into the Tyson Foods Case

Whitcomb Selinsky, PC on

In this legal battle between Tyson Foods and its dedicated employees, the focus is on the concept of fair compensation....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Alabama to Exempt Overtime Compensation From State Income Tax, Starting January 1, 2024

On November 9, 2023, Alabama Governor Kay Ivey signed into law a bill that beginning on January 1, 2024, will make compensation received by full-time hourly wage-paid employees for overtime work performed in excess of 40...more

Trusaic

Class Action Pay Transparency Lawsuits On The Rise

Trusaic on

As we predicted, pay transparency has become a priority for employers worldwide in 2023. Governments and organizations are taking major steps to address disparities in pay and ensure workplace fairness. Failing to comply...more

Epstein Becker & Green

Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and...

On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … A Quick Primer on What to Include in the Regular Rate of Pay

Epstein Becker & Green on

The “regular rate of pay,” an often-misunderstood legal term of art, can be a thorn in the side of employers when calculating how to pay non-exempt hourly employees. These employees must be paid an overtime rate of at least...more

Seyfarth Shaw LLP

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

Seyfarth Shaw LLP on

In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

FordHarrison

Potential NFL Running Back Union? Lessons To Be Learned from Derrick Henry And Other Top RBs As They Discuss Feeling Devalued In...

FordHarrison on

Recently, star Tennessee Titans Running Back, Derrick Henry, admitted to forming a group chat linking all of the top NFL running backs together to discuss long-held sentiments of feeling devalued in their positions as running...more

Weintraub Tobin

Podcast: California Employment News - Lesser Known Pay Exemptions

Weintraub Tobin on

While some pay exemptions are fairly well-known, there are some, such as the Computer Professional and Sales exemptions, that are not as common. Meagan Bainbridge and Lukas Clary close out the pay exemptions series on...more

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