News & Analysis as of

Wages Fair Labor Standards Act (FLSA)

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

CDF Labor Law LLP on

The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Lippes Mathias LLP

New Federal Labor Rules & Guidelines to Watch Ahead of the 2024 Election

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Election year is here, and it comes as no surprise that federal agencies are rapidly issuing new rules and guidelines ahead of November, although there has been a very unusual number of developments from federal agencies that...more

Kohrman Jackson & Krantz LLP

Ohio’s One Fair Wage Petition and Its Implications

In the pursuit of economic fairness, Ohio finds itself at a crossroads with the One Fair Wage petition (One Fair Wage), a movement aiming to amend Article II, Section 34a of the Ohio State Constitution to increase the minimum...more

Schwabe, Williamson & Wyatt PC

Department of Labor’s Proposed Changes to Overtime Eligibility Criteria

On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more

CDF Labor Law LLP

Complying with Wage and Hour Obligations in the Face of Crisis

CDF Labor Law LLP on

The recent seizure and shutdown of two prominent regional banks – Silicon Valley Bank and Signature Bank – highlights for employers the issues that an unexpected liquidity crisis may bring. And, it’s not just banking...more

Fox Rothschild LLP

Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

Fox Rothschild LLP on

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only has to pay his lawyer’s fees but it also faces...more

Lowenstein Sandler LLP

SVB FALLOUT: How VC-backed Startups May Extend Payroll & Avoid Furloughs

Lowenstein Sandler LLP on

In light of the FDIC takeover of Silicon Valley Bank (SVB), many of our startup, growth company, and fund clients have asked about how to manage their obligations to pay their team members during a period when the company’s...more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

ArentFox Schiff on

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Stokes Wagner

Rounding Time Entries - Just Don’t Do It

Stokes Wagner on

On October 24, 2022, the Sixth District issued a decision in in Camp v. Home Depot, handing employees a major win in the wage and hour arena by holding that Home Depot’s practice of rounding hourly employees’ total daily...more

Proskauer - Law and the Workplace

Paying Wages in Pennies or Chicken—Cool or Not Cool?

Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL - As...more

Harris Beach PLLC

Crypto Compensation? Bitcoin Bonus? New York State Employers Must Weigh Requests Carefully

Harris Beach PLLC on

If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request? You don’t have to work in Silicon Valley or play for the NFL to field this...more

Haynsworth Sinkler Boyd, P.A.

Do I Have To Pay My Summer Intern?

As the summer approaches, many businesses will be looking to hire a summer intern. Internship programs can be a great option for both the intern, who has the opportunity to learn new skills, and the employer, who is able to...more

Morrison & Foerster LLP

Paying Employees in Cryptocurrency: Is That Lawful?

In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be...more

Jackson Lewis P.C.

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

Jackson Lewis P.C. on

A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Fox Rothschild LLP

Cryptocurrency And The FLSA: Is The Law Catching Up To The Modern Financial World?

Fox Rothschild LLP on

I read an interesting article by Justin Brown and Lisa Schreter of Littler Mendelson about the usage of cryptocurrency as a way of paying employees. As if those of us who advise management did not have enough headaches, this...more

Littler

Dear Littler: Is paying employees with cryptocurrency an option?

Littler on

Dear Littler: We are a multi-state employer with operations in multiple technology hubs, including Silicon Valley and Austin. Over the past several months we have heard from multiple applicants and employees about whether the...more

ArentFox Schiff

Massachusetts Supreme Judicial Court Clarifies Joint Employer Analysis Under the Massachusetts Wage Act

ArentFox Schiff on

The Massachusetts Supreme Judicial Court has issued an opinion in Jinks v. Credico (USA), LLC setting forth the appropriate standard governing joint employer liability under the Massachusetts Wage Act. The Massachusetts...more

Obermayer Rebmann Maxwell & Hippel LLP

The Department of Labor’s Caregiver Wage Initiative May Fall Short of Its Goal Unless It Also Focuses on The Funding Provided to...

On November 23, 2021, the Department of Labor’s Wage and Hour Division announced an education, outreach and enforcement initiative to ensure employers pay professional caregivers minimum wage and overtime in accordance with...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more

Cozen O'Connor

Taking Care of the Caretakers: New York AG Recovers Millions in Wages for Home Care Aides

Cozen O'Connor on

New York AG Letitia James reached a settlement with home care health agencies Intergen Health, LLC and Amazing Home Care Services, LLC (collectively “Agencies”) to resolve allegations that they failed to pay appropriate wages...more

Jackson Lewis P.C.

Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a plaintiff’s Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) overtime pay claims in federal court, after she previously had...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Jackson Lewis P.C.

Four Things California Employers Who Pay Piece Rate Need To Know

Jackson Lewis P.C. on

A piece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed. Piece rate is used in many different industries, including automobile repair, trucking,...more

ArentFox Schiff

Virginia Makes Sweeping Changes to Its Overtime Law

ArentFox Schiff on

On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act (VOWA) into law. Prior to this, Virginia did not have its own overtime law, which meant that only the overtime pay provisions of the federal Fair...more

Smith Gambrell Russell

Virginia Passes Overtime Wage Act

On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader...more

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