Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Wage and Hour”

Weekly catch-up

Posted in HR, Wage-Hour
The state of Oregon is the first in the Union to have a statewide “scheduling law.” The new law will take effect (for the most part) on July 1, 2018, and will apply to retail, hospitality, and food services employers with operations in Oregon, as long as they have at least 500 employees worldwide. Bob Ortbals, who… Continue Reading

NC “employee classification” law warrants caution but doesn’t change substantive law

Posted in Contingent Workers, Independent Contractor, Unemployment, Wage-Hour, Workers' Compensation
On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31. The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North Carolina… Continue Reading

DOL asks for feedback on salary levels in overtime rule

Posted in Wage-Hour
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted through September 25. Invoking President Trump’s Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the… Continue Reading

It’s SUMMER! Top 4 ways employers can get burned

Posted in Gender Identity Discrimination, Harassment, HR, Wage-Hour, Workers' Compensation
We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time since we’ve read anything about this employment law “issue.” The idea was that… Continue Reading

Weekly catch-up

Posted in Immigration, Labor Relations, Politics, Wage-Hour
And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration’s “Persuader Rule.” The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let’s hope. David Phippen of our Washington DC Metro Office has… Continue Reading

Weekly catch-up

Posted in Franchise, Independent Contractor, Politics, Wage-Hour
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator’s Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The quick and dirty:… Continue Reading

Comp time bill passes the House

Posted in Wage-Hour
The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April. For those who are worried that workers will be deprived of their overtime pay, here are a few… Continue Reading

St. Louis minimum wage hike takes effect tomorrow

Posted in Wage-Hour
Employers in St. Louis City must pay their employees a minimum wage of $10 an hour beginning tomorrow—Friday, May 5. The Mayor’s Office just announced that the injunction on the minimum wage ordinance has been lifted. Noncompliance with the ordinance subjects employers to prosecution in municipal court along with potentional revocation of business licenses and occupancy permits.… Continue Reading

6 timekeeping practices that reduce your risk of wage-hour liability

Posted in Wage-Hour
Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made. (Which makes it impossible to detect and correct errors.) Having addressed the “problem” last week, I wanted to talk this week about solutions.… Continue Reading

Weekly catch-up

Posted in ConstangyTV, FOCUS, Immigration, Wage-Hour, Work-Life Balance
ConstangyTV’s Close-Up on Workplace Law, April edition, is out! Host Leigh Tyson interviews John MacDonald, head of our Princeton (NJ) Office, about employment law issues unique to the financial and investment industries. If you haven’t already subscribed to our monthly video series, please do so. And, to save you the trouble of trekking all that… Continue Reading

Is your timekeeping system creating wage-hour liability?

Posted in Wage-Hour
Does your timekeeping software make it harder for you to comply with wage and hour laws — and to defend yourself in a wage and hour lawsuit? A study recently published in the Yale Journal of Law and Technology says that there are features of certain timekeeping programs that can create wage and hour problems for employers, and result… Continue Reading

Weekly catch-up

Posted in FOCUS, Immigration, Wage-Hour, Work-Life Balance
The FLSA hurts women? Heather Owen, partner in our Jacksonville Office and proprietor of FOCUS, our women’s leadership blog, begins a three-part series on how the Fair Labor Standards Act, with its lack of flexibility, is unfair to women (non-exempt women, anyway), who continue to assume more responsibility for child care, elder care, and other… Continue Reading

Weekly catch-up

Posted in Equal Pay, Wage-Hour
Lots going on in the Northeast these days! From Massachusetts, Connor Cobean of our Boston Office has a discussion of a state Superior Court decision that allows employees to sue for back wages and treble damages if their employers violate the Sunday blue laws. (Employers covered by the blue laws have to pay time and a half… Continue Reading

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… Continue Reading

“HR Horribles” — collect ’em all!

Posted in HR
Remember the Garbage Pail Kids from the ’80s? I have had an inspiration that will make my fortune! I’m going to create a set of collectible “HR Horribles”™ trading cards, representing the employees who make Human Resources professionals’ lives a living heck. Here is my first set: Randy Romeo. Romeo has never met a woman he didn’t like,… Continue Reading

Missouri Supreme Court reinstates St. Louis city wage

Posted in Wage-Hour
Yesterday, the Missouri Supreme Court reinstated a St. Louis city law that will hike the city’s minimum wage to $11 per hour by 2018. Originally enacted in 2015, the law had been invalidated by a trial judge hours before it was to become effective. As originally passed, the city’s law provided for graduated increases to the minimum… Continue Reading

Weekly catch-up

Posted in ConstangyTV, eLaw, Wage-Hour
ATTENTION, employers in New York! In January, Anjie Cabrera and Stephen Stecker did a comprehensive report on a number of new laws that had recently taken effect or would soon be taking effect in New York State and New York City. Among those was a New York State regulation that was due to take effect March… Continue Reading

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… Continue Reading

Weekly catch-up

Posted in Class actions, eLaw, Elections, Gender Identity Discrimination, Politics, Wage-Hour
Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws — including minimum wage, family leave, freelance worker protections, and bathroom designations — that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office… Continue Reading

Fact Check: Does Labor nominee Puzder really want to put people out of work?

Posted in Elections, Politics
The Senate confirmation hearing for Andrew Puzder, President-Elect Trump’s nominee for Secretary of Labor, will reportedly take place this Wednesday, January 12. (UPDATE (1/10/17): According to Politico, Mr. Puzder’s confirmation hearing will now take place on Tuesday, January 17.) Mr. Puzder’s nomination is vigorously opposed by employee advocates, unions, and Democrats. (He is still expected to… Continue Reading

Quick update on the FLSA overtime rule

Posted in Wage-Hour
Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case. In-depth analyses of the impact of Judge Mazzant’s preliminary injunction decision are available here and here. Denial of the stay means that Judge Mazzant could issue a final decision any… Continue Reading