Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Wage-Hour

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Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

Weekly catch-up

Posted in Constangy News, Corporate Culture, FOCUS, Wage-Hour, WARN
Hot dawg! Constangy, Brooks, Smith & Prophete has been named by Vault.com as the best law firm in the country for women lawyers and the best law firm in the country for minority lawyers. Heather Owen has the whole wonderful story at FOCUS, our women’s leadership blog. This latest honor comes on the heels of our having been named… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Franchise, Wage-Hour
Massachusetts has had a “comparable worth” law forever, but Gov. Charlie Baker just signed some amendments that will make it easier for women (and men) to assert pay equity claims. In addition to making it easier for plaintiffs to prove that two jobs are “substantially similar,” the law prohibits asking for salary history before a conditional offer of… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

What’s the world coming to? Federal OT rule is more employee-friendly than California law!

Posted in Only in California, Wage-Hour
BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA! Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the… Continue Reading

Your overtime rule news portal for today

Posted in Wage-Hour
Vice President Joe Biden is expected to announce the official release of the U.S. Department of Labor’s new overtime rule this afternoon in an appearance at Jeni’s Splendid Ice Cream in Columbus, Ohio. I’ll post the rule, which will change the white-collar overtime exemptions to the Fair Labor Standards Act, as soon as it’s available. Meanwhile, the DOL… Continue Reading

Ugh. HR consultant hit for $1MM in unpaid overtime

Posted in Wage-Hour
No one is immune from wage-hour payouts. Not even a Human Resources consultant. California HR consulting firm TriNet has reportedly agreed to pay approximately $1 million in overtime and liquidated damages to 267 employees. The payment is in settlement of a wage-hour investigation conducted by the San Francisco office of the U.S. Department of Labor. According to the DOL, TriNet… Continue Reading

Only in California: Standing up for sitting down

Posted in Only in California, Wage-Hour
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws. California’s wage orders, which regulate working conditions for most industries and occupations, require that “[a]ll working employees shall be provided with suitable seats when the nature of… Continue Reading

SLAM DUNK: Student athletes’ wage suit against NCAA and universities is dismissed

Posted in Class actions, Wage-Hour
A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were “employees” and therefore entitled to the minimum wage under the Fair Labor Standards Act. Don Prophete, Jim Goh, and Steve Moore of Constangy, Brooks, Smith & Prophete, LLP, represented the NCAA and hundreds of… Continue Reading

$89K manager may not be FLSA-exempt, court rules

Posted in Wage-Hour
This is scary. You’d think a person with “Manager” in her job title who was making more than $89,000 a year would be exempt from the overtime provisions of the Fair Labor Standards Act. Not necessarily. A federal judge in Maine ruled that Bottomline Technologies, Inc., a financial processing services company, will have to face a… Continue Reading

Who was naughty, and who was nice in employment law this year

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Labor Relations, Lawyers!, Pregnancy, Protected Concerted Activity, Retaliation, Safety, Social media, Telecommuting, Wage-Hour
Who’s been naughty and who’s been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments. NAUGHTY! The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic… Continue Reading

It’s the 2015 workplace holiday party quiz!

Posted in Discrimination, Harassment, Independent Contractor, Off-Duty Conduct, Sexual Torts, Wage-Hour, Workers' Compensation
Chanukah starts at sundown this Sunday, and Christmas is only three short weeks away. Can you throw a workplace holiday party that won’t result in a lawsuit? It has been ages since we’ve had a quiz. Let’s do it! For more on this topic, please listen to the webinar on holiday parties that I did yesterday… Continue Reading

Because that’s where the money is?

Posted in Wage-Hour
To find out why there is so much wage-hour litigation, read my point-counterpoint interview with plaintiff’s attorney Fran Rudich, published in the November 25 edition of Bloomberg BNA’s FLSA Litigation Tracker. (Reproduced with permission from FLSA Litigation Tracker, 2015 FLLTR 6 (Nov. 25, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>) Thanks… Continue Reading

Overtime exemption rule now coming in July 2016?

Posted in Wage-Hour
NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm’s Wage-Hour Practice Group. The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor’s fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving. I had earlier… Continue Reading

DOL’s Home Care Rule goes live.

Posted in Wage-Hour
Yesterday the U.S. Department of Labor began enforcement of its Home-Care Rule, which prohibits third-party employers from taking advantage of the overtime exemption for some domestic workers. The rule also narrows the definition of exempt “companionship services” under the Fair Labor Standards Act. Ellen Kearns, co-chair of our firm’s Wage and Hour Practice Group, and I (mostly… Continue Reading

Jim Coleman: Twitter wage-hour hero

Posted in Social media, Wage-Hour
For a guy who doesn’t tweet, Jim Coleman – head of Constangy’s Metro Washington D.C. Office and co-chair of our Wage and Hour Practice Group – has suddenly become an awfully big Twitter celeb. (Or anyway, as big a Twitter celeb as employment lawyers ever become.) It all started last weekend, when I got a tweet… Continue Reading