Archives: Wage and Hour

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New Jersey grants protections to employees with any infectious disease

Updated on April 8, 2020 Since the effective date of this law, the New Jersey Department of Labor has issued regulations related to same.  The regulations make clear that even if an employee is on leave for a protected reason, the employee is not entitled to reinstatement if the employee’s position is eliminated during a … Continue Reading

NJ Department of Labor issues guidance on COVID-19

While the New Jersey Legislature is considering legislation to address the employment consequences of COVID-19, the New Jersey Department of Labor and Workforce Development (NJDOL) has published a Q&A regarding COVID-19 and how it interacts with New Jersey’s current employment laws. … Continue Reading

California executive order suspends and modifies California WARN requirements due to COVID-19 but employers contemplating furloughs are not yet in the clear

Employers are facing increasingly difficult business decisions as a result of COVID-19 and, in developing a plan of action, must take care to avoid the many risks for wage and hour litigation that may be asserted in the wake of those decisions, especially as they relate to the execution of temporary layoffs or furloughs. On … Continue Reading

What employers need to know about the Families First Coronavirus Response Act (H.R. 6201)

The afternoon of March 18, 2020, the Senate passed H.R. 6201, the Families First Coronavirus Response Act. Division C of the Bill details the Emergency Family and Medical Leave Expansion Act, and Division E provides additional protections under the Emergency Paid Sick Leave Act. Both divisions apply to employers with fewer than 500 employees. At … Continue Reading

California wage and hour considerations during the coronavirus outbreak

In addition to considerations under federal law, employers with employees in California should consider additional wage and hour issues that are unique to California. The Labor Commissioner’s Office has issued an FAQ to provide guidance on issues related to COVID-19. If an exempt salaried employee performs any work during the week, that employee should be … Continue Reading

Fifth Circuit clarifies when improper pay deductions make an employee ineligible for exemptions from overtime under the FLSA

The Fair Labor Standards Act (FLSA) exempts employees with certain executive, administrative, or professional job duties from the requirement that they receive overtime pay for hours worked over 40 in a workweek. Determining whether one or more of these “white collar” exemptions apply to a particular employee requires a fact-intensive analysis of the employee’s job … Continue Reading

Significant changes to Colorado’s wage rules on the horizon

The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics (the Division) recently adopted Colorado Overtime and Minimum Pay Standards Order # 36 (COMPS), which will take effect on March 16, 2020.[1] COMPS will replace the Colorado Minimum Wage Order, which had largely remained substantively unchanged for two decades. With the adoption of … Continue Reading

Don’t Ask, Don’t Use – the Third Circuit allows the Philadelphia salary history ban ordinance to go into effect

In 2017, the City of Philadelphia enacted the Wage Equity Ordinance to address the pay gap between men and women and between different races and ethnicities. The Ordinance contains two provisions: the “Inquiry Provision,” which prohibits employers from asking about a prospective employee’s wage history; and the “Reliance Provision,” which prohibits an employer from relying … Continue Reading

Election season is here: Can your employees leave work to vote?

With the 2020 presidential primaries underway, now is the time for employers to review their voting leave policies to ensure that supervisors and human resources departments understand applicable law. In addition to avoiding legal liability, compliance with voting-related laws helps employers maintain workplace harmony during a potentially contentious period. Currently, 30 states[1] (and Puerto Rico) … Continue Reading

New Jersey enacts major changes on the independent contractor front

The start of 2020 has already proven to be a busy year for employers in New Jersey. In addition to becoming the first state in the nation to mandate severance payments for mass layoffs, New Jersey has enacted some sweeping changes to its independent contractor laws. Governor Phil Murphy recently signed five bills aimed at … Continue Reading

New Jersey law requires severance pay in mass layoffs

Governor Phil Murphy signed legislation yesterday, January 21, 2020, amending New Jersey’s mini-WARN law, the Millville Dallas Airmotive Plant Job Loss Notification Act (the “Act”). Most notable among the changes is the requirement that companies with 100 or more employees (now including part-time workers) pay severance to employees impacted by a mass layoff. A “mass … Continue Reading

DOL makes historic, pro-business changes to FLSA joint employer test

On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The new rule simplifies the FLSA joint employer analysis with a four-factor test for determining whether workers are jointly employed by associated businesses or persons. … Continue Reading

New year, new changes to New York state’s minimum wage and tip credit rules

New York state rang in 2020 with a sweeping change to its minimum wage and tip credit rules that is expected to impact roughly 70,000 workers. On December 31, 2019, the New York State Department of Labor (the NYSDOL) recommended to Governor Andrew Cuomo that the state eliminate the tip credit for all miscellaneous industry … Continue Reading

Year in review: 2019 employment law changes in New Jersey

For employers in the Garden State, 2019 brought a barrage of legal changes and new requirements. As 2019 comes to a close, we recap some of the most significant changes to the employment landscape in New Jersey. Minimum wage In July 2019, the New Jersey minimum wage increased to $10 per hour. This number will … Continue Reading

The City of Pittsburgh publishes new information regarding the Paid Sick Days Act

The City of Pittsburgh has provided much needed clarity regarding several lingering questions concerning the Paid Sick Days Act (the Act), which requires all private employers of full- or part-time employees within the City of Pittsburgh to provide paid sick leave benefits. In July 2019, the Pennsylvania Supreme Court upheld the Act following a nearly four-year … Continue Reading

NLRB returns to past precedent in holding that employer’s duty to deduct union dues ceases when collective bargaining agreement expires

On December 16, 2019, in Valley Hospital Medical Center, Inc. d/b/a Valley Hospital Medical Center (368 NLRB No. 139 (2019)), the National Labor Relations Board (NLRB) overturned its 2015 decision in Lincoln Lutheran of Racine (362 NLRB 1655 (2015)), restoring the Board’s 50+ year precedent established under Bethlehem Steel (136 NLRB 1500 (1962), that there … Continue Reading

DOL final rule updates exclusions from employees’ regular rate

On December 16, 2019, the U.S. Department of Labor (DOL) published its first significant revision since 1968 to its interpretation of the calculation of the “regular rate” under the Fair Labor Standards Act (FLSA).[1] The regulations address whether certain fringe benefits must be included in calculating an employee’s regular rate for overtime purposes. With the … Continue Reading

Pennsylvania wage rules: Changes on the horizon

Shortly after the U.S. Department of Labor’s new overtime rule was finalized, the Pennsylvania Department of Labor and Industry (L&I) followed suit and finalized its own proposed overtime rule. Regulation 12-106 was set to exceed the new federal rule regarding the minimum salary to be paid to employees who are exempt from overtime. The new … Continue Reading

Maryland clamps down on non-competes

Maryland employers who wish to require their employees to sign a non-competition agreement beware. Effective October 1, 2019, non-competition agreements under Maryland law are valid only if the employee earns more than $15/hour or $31,200 annually. (See SB 328.) For employees who earn equal to or less than that, the agreement will be considered in … Continue Reading

New Jersey prohibits employers from asking about salary history

A part of the hiring process for many employers involves asking applicants about their prior salary and compensation information. Employers might use this information in deciding whether to make an offer to a particular candidate and the amount of compensation to offer the potential employee. However, beginning January 1, 2020, employers in New Jersey will … Continue Reading

DOL final overtime rule issued with few significant changes from 2019 proposed rule

On September 24, 2019, the U.S. Department of Labor (DOL) published a highly anticipated final rule that updates the salary thresholds necessary to qualify for overtime exemptions – often referred to as the “salary level test” – under the Fair Labor Standards Act (the 2019 Final Rule).[1] This rule will replace the prior final rule … Continue Reading

Eighth Circuit affirms working overtime can be essential job function

Overtime work is essential in many industries. As a result, employers frequently structure job roles to require mandatory overtime. Although mandatory overtime can present difficult questions when an employee has a disability that disqualifies them from working overtime, the Eighth Circuit Court of Appeals, in McNeil v. Union Pac. R.R., No. 18-2333, recently confirmed that … Continue Reading

California leads the way in passing landmark legislation to classify gig workers as employees

As we have previously reported here, California Assembly Bill 5 (the bill) is slated to codify the California Supreme Court’s 2018 landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, requiring companies to apply the “ABC” test in classifying their workers. The ABC test requires that workers be considered “employees” instead of … Continue Reading

Fifth Circuit approves day rates for some highly compensated employees

The Fifth Circuit Court of Appeals issued an opinion last week holding for the first time that a “day rate” in excess of $455 paid to a highly compensated employee meets the requirements of the “salary basis” test under the Fair Labor Standards Act (FLSA). Specifically, in Faludi v. U.S. Shale Solutions, No. 17-20808, 2019 … Continue Reading
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