Tag Archives: Wage and hour

Governor Newsom Imposes Greater Pay Transparency Requirements on California Employers

Photo of Sylvia KimPhoto of Kerri SakaueBy Sylvia Kim and Kerri Sakaue on Posted in California, Wage and Hour
On Sept. 27, Gov. Gavin Newsom signed into law Senate Bill (SB) 1162. As previously reported, SB 1162 significantly expands pay reporting and disclosure requirements for most California employers. Effective Jan. 1, 2023, California employers must disclose pay ranges in job postings and make pay scale information available to current employees upon reasonable request. The … Continue Reading

California Supreme Court Allows Employees to Seek Derivative Penalties for Meal and Rest Break Violations

Photo of Vivian ShenPhoto of Michael ChamberlinBy Vivian Shen and Michael Chamberlin on Posted in California
On May 23, the California Supreme Court issued an opinion that will drastically increase the potential exposure for employers facing meal and rest break class actions. The court, in Naranjo v. Spectrum Security Services, Inc., ruled that employees who are entitled to meal or rest period premiums for denial of compliant meal or rest breaks … Continue Reading

Tried and True Lessons from 2021 on Meal and Rest Break Best Practices for California Employers

Photo of Shareef FaragPhoto of Margaret RosenthalPhoto of Ari SpitzerBy Shareef Farag, Margaret Rosenthal and Ari Spitzer on Posted in California, Wage and Hour
In 2021, the California Supreme Court handed down two important decisions, Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood, LLC, that reinforce and refine tried and true lessons about meal and rest breaks. As California employers look ahead to their 2022 goals, compliance with these decisions should be top of mind. Donohue: Do … Continue Reading

The Department of Labor’s Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA

Photo of Caroline M. LandtPhoto of David GrantBy Caroline M. Landt and David Grant on Posted in FLSA, Uncategorized, Wage and Hour
“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of Labor (DOL) came last week, when the Wage and Hour Division published its final rule addressing managers who receive … Continue Reading

Pennsylvania Employers Beware: The State’s Highest Court Expands the Bounds of Compensable Time

Photo of Christian WhitePhoto of Carlos TorrejonBy Christian White and Carlos Torrejon on Posted in Wage and Hour
In a 5-2 decision, the Pennsylvania Supreme Court held that employers in the state must now pay employees for time spent on their premises when waiting for – and undergoing – required security searches. The court explained that this period of time, even if insubstantial, is compensable because it qualifies as “hours worked” under the … Continue Reading

Colorado Supreme Court Resolves ‘Use-It-or-Lose-It’ Conundrum in Decision Providing Long-Awaited Clarity for Employers

Photo of Jacob A. BrunerPhoto of Nathan A. SchachtBy Jacob A. Bruner and Nathan A. Schacht on Posted in Colorado
On June 14, 2021, the Colorado Supreme Court issued its highly anticipated decision in Nieto v. Clark’s Market, ruling that employers must pay out an employee’s earned but unused vacation pay upon separation of employment, even where an agreement or policy authorizing forfeiture of such pay exists. The impact of the ruling is significant, as … Continue Reading

The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule

Photo of Caroline M. LandtPhoto of David GrantBy Caroline M. Landt and David Grant on Posted in DOL, Wage and Hour
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL proposes to adopt what is known as the 80/20 rule. The devil is in the details, and the DOL now limits the 20 percent … Continue Reading

Wage and Hour Division Issues Two Employer-Friendly Rules

Photo of David GrantPhoto of Shareef FaragBy David Grant and Shareef Farag on Posted in Wage and Hour
This week, the Wage and Hour Division announced the issuance of two rules interpreting the Fair Labor Standards Act (FLSA) that modernize its application and lessen the burden of overtime calculations for certain employers. First, the agency has eliminated archaic distinctions hindering use of the exception for retail or service establishments under Section 7(i) of … Continue Reading

Colorado Issues Sweeping Wage and Hour Law Changes for Private Employers Through New Wage Order

Photo of Jacob A. BrunerPhoto of Nathan A. SchachtBy Jacob A. Bruner and Nathan A. Schacht on Posted in Wage and Hour
Effective March 16, 2020, COMPS Order #36 (the Order), issued by the Colorado Department of Labor and Employment, will bring about sweeping changes to Colorado’s overtime and minimum pay standards (COMPS) impacting private employers. The Order will also succeed the currently operative Amended Minimum Wage Order #35, which is the source of Colorado’s wage rights … Continue Reading

California Court of Appeal Concludes That Claims Under Labor Code 2800 and 2802 Not Excluded From Coverage by “Wage and Hour” Exclusion in Lloyd’s of London Insurance Policy

Photo of Marcus McCutcheonBy Marcus McCutcheon on Posted in California
In a win for California employers, the California Court of Appeal for the Fourth District held in Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number 11EPL-20208, 2019 WL 4572859, that claims against the insured employer brought under California Labor Code §§ 2800 and 2802 were potentially covered by … Continue Reading

Connecticut to Raise Minimum Wage to $15 Per Hour

Photo of Saima SheikhBy Saima Sheikh on Posted in Wage and Hour
On May 28, Connecticut Governor Ned Lamont signed Public Act No. 19-4, entitled “An Act Increasing the Minimum Fair Wage,” that will raise the Connecticut minimum wage to $15.00 per hour in 2023, which is more than double the current federal minimum wage of $7.25 per hour. Under the new law, the current Connecticut minimum … Continue Reading

Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters

Photo of Amy J. TraubPhoto of Amanda Van Hoose GarofaloBy Amy J. Traub and Amanda Van Hoose Garofalo on Posted in Wage and Hour
Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a potential lawsuit looming over their heads for pay violations they may not even know exist. Before 2010, Opinion … Continue Reading

2015 Wage and Hour Law Update for Hospitality Industry Employers in New York

By Adam Seldon on Posted in Wage and Hour
This Employment Law Spotlight blog post highlights important changes to New York’s wage and hour laws covering private employers in the hotel and restaurant industries, not including resort hotels. These changes are already in effect and require employers to, among other things, update their employment posters and other documentation. A. Increased Minimum Wage for Non-Exempt … Continue Reading

Latest Scoop From New Jersey on Independent Contractor Misclassification May Cause Employers Brain Freeze

Photo of Todd LebowitzBy Todd Lebowitz on Posted in Independent Contractor, Retail, Wage and Hour
An ice cream parlor in Dania Beach, Florida, features The Original Kitchen Sink Sundae, which contains up to 30 scoops, plus chocolate syrup, marshmallows, nuts, whipped cream, and a variety of berries.  Customers can choose from any of the 38 flavors offered, and this menu item has earned Jaxson’s Ice Cream Parlor plenty of positive … Continue Reading

Changes in California Employment Law for 2015

Photo of BakerHostetlerBy BakerHostetler on Posted in California
This BakerHostetler Alert was authored by: Vartan S. Madoyan, Barri L. Friedland, Diamond M. Hicks, and Sabrina L. Shadi As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: Mandatory Paid Sick Leave Protections Against Discrimination and Harassment for Unpaid Interns and Volunteers Protection Against Discrimination … Continue Reading

Changes to New York’s Wage Theft Prevention Act Eliminating the Annual Wage Notice Requirement

By Adam Seldon on Posted in Wage and Hour
On December 29, 2014, Governor Andrew Cuomo signed a bill that amends the Wage Theft Prevention Act (the “WTPA”) eliminating the burdensome annual wage notice requirement that was previously placed on employers (the “Amendments”). The Amendments also significantly increase penalties for wage payment violations, expand successor and personal liability for wage payment violations, and establish … Continue Reading
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