Tag Archives: Wage and Hour

New NYC Mayor Comes Out of the Gate Swinging, Demands Expansion of Paid Sick Leave Law

Mark Goldstein contributed to the content of this post.  New Mayor Bill de Blasio wasted no time putting his stamp on the New York City employment law landscape. On January 17, de Blasio proposed an amendment to expand the already-broad paid sick leave law that the New York City Council passed last summer. Already one … Continue Reading

“Pay Now Or Pay Much More Later,” Warn Federal and State Governments

May 28th marks the anniversary of the effective date for the Lilly Ledbetter Fair Pay Act, the first bill signed into law by President Obama.  The Act sparked renewed focus on improving wage-equality for the American workforce and continues to be an important  goal for administrative agencies such as the Equal Employment Opportunity Commission.  Employers … Continue Reading

Pennsylvania Requires Court Approval for Enforcement of Wage/Hour Settlements Under FLSA

As previously reported, the Fifth Circuit recently enforced a private settlement of certain FLSA claims. More recently, however, Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania reached the opposite conclusion and agreed with the majority view of courts that unsupervised FLSA settlements are not enforceable.… Continue Reading

Fifth Circuit Approves Private Settlement of FLSA Claim

Recently, the Fifth Circuit created a crack in a thirty-year old doctrine, based on the Eleventh Circuit’s Lynn’s Food Stores, Inc. v. United States decision and followed by nearly all federal courts, that wage and hour claims brought by individuals under the Fair Labor Standards Act (“FLSA”) can be settled only with the signoff of … Continue Reading

Federal Court Rules Pennsylvania Employers Cannot Use “Fluctuating Workweek” Overtime Method

A federal court in Pennsylvania ruled that the fluctuating workweek method of calculating overtime, while compliant with the Fair Labor Standards Act, violates Pennsylvania’s Minimum Wage Act (“PMWA”). The fluctuating workweek method of calculating overtime permits an employer to pay a non-exempt employee a fixed, weekly salary, regardless of the number of hours that employee … Continue Reading

H-2B Visas May Be a Heavy Burden for Employer’s Wallets

On Monday, August 20, a federal judge in Philadelphia upheld the Department of Labor ("DOL") rule setting minimum wage requirements for foreign workers holding H-2B visas. The proposed rule has drawn much attention, and criticism, because it potentially will cost $874,000,000 or more per year in increased labor costs for employers with H-2B visa holders. … Continue Reading

Pennsylvania Requires Government Contractors to Use E-Verify

On June 30, 2012, the Pennsylvania Legislature passed into law Senate Bill 637 which will require public works contractors and subcontractors subject to the Pennsylvania Prevailing Wage Act (essentially, construction projects where the estimated cost is at least $25,000)  to use  E-Verify to confirm that their employees are legally permitted to work in the United States.  Violators of the new law are subject to progressive penalties including … Continue Reading

Another Employer Victory in California: Attorney’s Fees for Meal and Rest Period Claims Not Recoverable in California

On the heels of its long-awaited decision in Brinker v. Superior Court (Hohnbaum), No. S166350, the California Supreme Court this week issued another important wage and hour decision that favors employers. In Kirby v. Immoos Fire Protection, Inc. (Liu), No. S185827, the court ruled that neither employees nor employers can recover attorney’s fees as prevailing parties … Continue Reading

Back from the Brink: California Employers Finally Get Clarity on Meal/Rest Breaks

This post was also written by Seth C. Carmack. On April 12, 2012, the California Supreme  Court issued its long-awaited decision in Brinker Restaurant Corporation v. Superior Ct. (Hohnbaum), No. S166350. The decision clarified several important issues regarding California employers’ obligations in connection with meal and rest breaks for non-exempt employees. It also offered guidance regarding the … Continue Reading

California’s “Wage Theft Protection Act” — Labor Commissioner Tries Again With an Updated Notice Template and FAQs

California’s new Wage Theft Protection Act of 2011 (Labor Code Section 2810.5, effective January 1, 2012), requires employers to provide most new non-overtime-exempt employees with a written notice that contains specified information regarding, among others, wage rate, payday, employer name and address, workers’ compensation insurance carrier information, and other information added by the Labor Commissioner … Continue Reading

California Court of Appeal Green Lights Repetitive Class Action Litigation

Most employers assume that if they successfully defeat a plaintiff's motion for class certification in a wage and hour class action, the same class claims cannot be raised again in another case. On January 18, 2012, however, the California court of appeal in Bridgeford v. Pacific Health Corp, 2012 WL 130615, dashed that commonly held assumption.… Continue Reading

New York State Requires Written Notice of Wages At Hire and To Current Employees Every February 1

In accordance with New York’s Wage Theft Prevention Act (WTPA), which took effect on April 9, 2011, employers are required to give written notice of wage rates to New York employees: upon hire to new employees, and by February 1st of each year to all employees The notice must include: Rate or rates of pay, … Continue Reading

New for 2012: California Labor Commissioner Finally Issues “Wage Theft Protection Act” Notice Template

California’s new Wage Theft Protection Act of 2011 (Labor Code Section 2810.5, effective January 1, 2012), requires employers to provide most new non-overtime-exempt employees with a written notice that contains specified information regarding, among others, wage rate, payday, employer name and address, workers’ compensation insurance carrier information, and other information added by the Labor Commissioner … Continue Reading

Severance Pay Soon to Offset Unemployment Compensation in Pennsylvania

Effective January 1, 2012, a signature amendment to the Pennsylvania Unemployment Compensation Law will require that severance pay in excess of 40% of the average annual wage in Pennsylvania offset unemployment compensation benefits otherwise payable to separated employees. Prior to Act 6 of 2011, the amount of unemployment compensation a qualified claimant would receive would … Continue Reading

New Mandatory Posting Required for Distribution by New Jersey Employers

The NJ DOL has published the new mandatory notice that, by December 7, 2011, must be posted in a conspicuous location and distributed to all existing employees who work in New Jersey. In addition, ALL new employees hired in New Jersey on November 7, 2011 or after must be immediately provided with a copy of … Continue Reading

U.S.: California’s “Wage Theft Prevention Act” Imposes New Requirements and Potential Penalties On Private Employers Starting January 1, 2012

Effective January 1, 2012, private California employers of non-exempt employees not subject to certain collective bargaining agreements will face new reporting and recordkeeping requirements and penalties for violations of California’s aggressively-titled “Wage Theft Prevention Act” signed into law in October 2011. Similar to New York’s law of the same name enacted last year, the Act … Continue Reading

IRS in U.S. Announces New Voluntary Worker Classification Program

Last week, the IRS announced the Voluntary Classification Settlement Program (the “VCSP”), allowing eligible employers to voluntarily resolve U.S. past worker classification issues and reclassify workers as employees for federal employment tax purposes. Reclassifying workers as employees, however, raises many issues other than employment tax issues including, for example: retirement benefit plan issues; health and … Continue Reading

Mandatory Paid Sick Leave Now Required in Connecticut

Connecticut recently became the first state to mandate that employers provide paid sick leave for service workers (the “Act”), effective January 1, 2012. The Act may indicate an emerging trend of which employers should be aware. Cities, including San Francisco, Washington, D.C., and Milwaukee, have already passed mandatory paid sick leave legislation in recent years, and … Continue Reading

California Supreme Court Rules that State’s Wage Laws Cover Work Done by Nonresidents

In a unanimous opinion, the California Supreme Court has ruled that California’s overtime laws apply to workers from out of state who perform work in California for a California-based employer. Sullivan v. Oracle Corp., No. 06-56649 (9th Cir. June 30, 2011). Answering certified questions from the U.S. Court of Appeals for the Ninth Circuit, the … Continue Reading

U.S. Supreme Court Finds Oral Wage Complaints Protected From Employer Retaliation

The United States Supreme Court has held that under the Fair Labor Standards Act (“FLSA”), the federal law that requires proper payment of wages and overtime pay, an employer cannot retaliate against an employee who complains about a possible violation of that law, even where the complaint is oral rather than in writing. Kasten v. … Continue Reading

New York Wage Theft Prevention Act Increases Penalties for Wage and Hour Violations

On December 13, 2010, New York Governor David A. Paterson signed the Wage Theft Prevention Act (“Act”). The New York Labor Law currently requires employers to notify employees in writing, at the time of hiring, of their rate of pay, pay date, and overtime rate (if applicable). The Act amends the law to significantly increase the penalties … Continue Reading
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