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Unpaid Overtime State Labor Laws Employer Liability Issues

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

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While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

CDF Labor Law LLP

Get Ready for July 1, 2024 Federal Increased Salary Thresholds

CDF Labor Law LLP on

The U.S. Department of Labor (“DOL”) issued its much-anticipated Final Rule, which increases the salary threshold that determines whether employees are exempt from overtime pay under the Federal Law, Fair Labor Standards Act...more

Weintraub Tobin

California Court of Appeal Holds that Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

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California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code,...more

Stokes Wagner

California Supreme Court Holds that “Regular Rate of Compensation” Is Synonymous with “Regular Rate of Pay” for Purposes of...

Stokes Wagner on

On July 15, 2021, The Supreme Court of California published its opinion on Ferra v. Loews Hollywood Hotel, LLC and reversed the appellate court’s decision. Under California law, employers must provide employees with...more

Ervin Cohen & Jessup LLP

California Supreme Court Issues Retroactive Decision on Calculating Meal and Rest Break Premium Pay

Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more

Holland & Knight LLP

California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling

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The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more

Dorsey & Whitney LLP

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

Dorsey & Whitney LLP on

In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

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

First Circuit Upholds Federal Preemption of Massachusetts Wage Act Claims

On June 10, 2021, the First Circuit Court of Appeals upheld the dismissal of a plaintiff’s lawsuit alleging, among other things, failure to pay wages under the Massachusetts Wage Act. In Rose v. RTN Federal Credit Union, the...more

Sands Anderson PC

Virginia's New Overtime Wage Act Continues a Trend of Employee-Sided Legislation

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On March 30, 2021 Governor Northam signed the “Virginia Overtime Wage Act” into law.  This new legislation, which goes into effect on July 1, 2021, continues the Commonwealth’s pro-employee push and will create new wage and...more

Bradley Arant Boult Cummings LLP

Sixth Circuit Scrubs Attempted Snub of Arbitration of Grubhub Paystub Hubbub

There have been many examples of the tension between the “gig economy” and traditional labor laws. Most of the companies like Uber or Grubhub choose to classify their drivers as independent contractors instead of employees,...more

Jaburg Wilk

Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages

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Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona...more

Ervin Cohen & Jessup LLP

California Court of Appeal Concludes Premium Wage Must Be Paid at the Base Hourly Rate

Ervin Cohen & Jessup LLP on

In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an...more

Littler

New Jersey Adds Sharp Teeth, and Employer Notice Duty, to Wage and Hour Law

Littler on

On August 6, 2019, New Jersey enacted its Wage Theft Law, transforming the state’s wage and hour laws into one of the most robust in the country.  As discussed below, the law substantially expands the civil and criminal...more

Jaburg Wilk

What If an Arizona Employer Won’t Pay Wages?

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If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. ...more

Seyfarth Shaw LLP

Silver Lining in a California Wage and Hour Cloud

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Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime. But employees cannot recover penalties for accurate wage statements,...more

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