Category Archives: Wage & Hour

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The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act

Employers in the gaming and hospitality arena are eagerly awaiting the results of the upcoming changes to the legal landscape that are expected to emerge from a business-oriented administration. These employers have long tried to reduce the costs and length of litigation, particularly in the context of wage and hour claims, by requiring employees to … Continue Reading

New York City to Prohibit Employer Inquiries into Salary History

On May 4, 2017, New York City amended its Human Rights Law (NYCHRL) to join the growing number of municipalities that prohibit employers from inquiring about applicants’ wage history. Ostensibly designed to “help break the cycle of gender pay inequity[,]” this new restriction may open employers to yet another theory the plaintiffs’ bar can seek … Continue Reading

Philadelphia Becomes the First City to Prohibit Employers from Asking Applicants About Salary History

Employers who just last year revised their application forms to eliminate initial questions about past arrests and convictions, now have to revise them again to remove questions regarding current and past salary. On Jan. 23, 2017, Philadelphia’s mayor signed a wage equity ordinance (the Ordinance) which prohibits, among other things, employers from asking job applicants … Continue Reading

NY Governor Directs Contractors Doing Business with or Bidding on State Contracts to Disclose Employee Salary Information to Identify Wage Disparities

On Jan. 9, 2017, New York Governor Andrew M. Cuomo signed Executive Order 162, which requires state contracts and procurements entered into or issued as of June 1, 2017, to include new reporting obligations for contractors, subcontractors, and bidders. Employers seeking to contract with the State will be required to disclose, on at least a … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading

“Nothing so Exhilarating as Being Shot at Without Result”—California Pay Day Statements and Accrued Vacation

What does Winston Churchill have to do with California wage and hour requirements? Well, the “shot” at employers in Soto v. Motel 6 Operating L.P. at the California Court of Appeal was whether, because California vacation pay cannot be forfeited and must be paid out at termination, it therefore follows that the value of the … Continue Reading

Massachusetts Enacts Comprehensive Pay Equity Law

On Aug. 1, 2016, Massachusetts Governor Baker signed into law the “Act to Establish Pay Equity.” The new law is intended to address the gender wage gap by strengthening the pay disparity prohibitions under existing law. The Pay Equity Act also provides employers the opportunity to assert an affirmative defense to wage claims based on … Continue Reading

D.C. Lawmakers Join California and New York Raising the Minimum Wage to $15

The District of Columbia Council recently passed a law to increase the minimum wage for employees to $15 by 2022. The District of Columbia joins other states in raising its minimum wage to rates higher than the current federal minimum wage of $7.25. The current minimum wage in the District ($10.50) is scheduled to rise … Continue Reading

Trial by Formula Revisited: Tyson Foods, Inc. v. Bouaphakeo and the Future of Wage & Hour Class Actions

Some important Supreme Court cases are hard to accurately capture in a sound bite, and this is one of them. In a narrow holding, the Supreme Court issued a 6-2 decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), addressing class claims for overtime compensation certified under Federal Rule of Civil Procedure 23 … Continue Reading

New White Collar Exemption Regulations Are Upon Us – Are You Prepared?

On March 14, 2016, the U.S. Department of Labor (DOL) via its Wage and Hour Division forwarded its proposed modifications to the white collar exemptions of the Fair Labor Standards Act (FLSA) to the Congressional Office of Management and Budget (OMB). This is the final step before the new regulation is officially published, allowing Congress … Continue Reading

2015 California Employment Law Legislative Update

At Greenberg Traurig, we live our motto “built for change” and apply it for the benefit of the businesses we serve. Our California Labor and Employment Practice appreciates that although California presents opportunity, it also presents an often unique set of employment risk propositions, and these risks are often just one set among a constellation … Continue Reading

Individual Manager Liability for Wage and Hour Violations Comes to California

California is not known as the most employer-friendly state from a wage and hour perspective. However, unlike federal courts, California courts have thus far been reluctant to allow claims to proceed against individual managers, officers and directors. Effective January 1, 2016, those high-level employees may refer to that reluctance as “how it was in the … Continue Reading

IRS Chief Counsel: CA Waiting Time Penalties Are Not Wages

For years now, Section 203 of the California Labor Code has required employers to pay a penalty for willful failure to provide a departing employee with their final wages on their last day of employment (or within 72 hours for employee who suddenly quit). The amount of this penalty, often referred to as “waiting time … Continue Reading

Administration Sets Stage to Increase Number of Workers Eligible for Overtime Pay

On March 13, 2014, the President signed a Presidential Memorandum directing the Department of Labor (DOL) to “propose revisions to modernize and streamline … existing overtime regulations.” Although not mentioned directly in the Memorandum, the purpose behind the directive is to increase the number of workers eligible for overtime pay by making it more difficult … Continue Reading

UK Government to Crack Down on Miserly Employers

The UK Government has announced plans this month to bring in new legislation increasing the maximum financial penalty for rogue employers who fail to pay their employees the National Minimum Wage (“NMW”). At present, employers who flout their NMW obligations must make good on arrears, as well as incurring a financial penalty of 50% of … Continue Reading

2013 California Employment Law Legislative Update: Things You Need to Know for 2014

The GT Alert — 2013 California Employment Law Legislative Update: Things You Need to Know for 2014 was prepared by James M. Nelson, Angela Diesch and Jennifer Holly. This Alert discusses how California’s legislative changes will affect management of employment in California for 2014 and beyond. The authors offer insight on the more significant employment-related … Continue Reading

DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers

This Alert discusses the U.S. Department of Labor (DOL) Wage and Hour Division’s recently published final rule, which significantly changes the scope of the Fair Labor Standards Act’s (FLSA) “companionship exemption.”  Set to become effective January 1, 2015, the final rule most notably eliminates the exemption’s application to direct care workers employed by third-party agencies.  … Continue Reading

Interns – Pay Now, or Pay Later

Unpaid summer internships have seemingly always provided mutual benefit to both employers and interns.  Interns have the opportunity to gain experience, build relationships, and learn about a particular career or industry in a “real world” setting, and employers gain support, albeit unskilled, from an enthusiastic worker. However, the legality of the internship relationship is subject … Continue Reading

Taking Care of Business When Hurricanes, Storms and Natural Disasters Hit

Superstorm Sandy dealt employers a hand-full of issues that ranged from wage & hour questions to employee leaves and how to call-in essential employees for business continuity purposes. Our recent Alert, "Taking Care of Business When Hurricanes, Storms and Natural Disasters Hit," addresses some of the issues that frequently arise during these devastating events.… Continue Reading

Silence Can Be a Good Thing for Employers – Another Installment in the Saga of Wage and Hour Class Actions and Arbitration in California

A California appellate court has ruled that where an arbitration agreement compels arbitration of employment claims but is silent on whether class actions are authorized, the trial court wrongly compelled the employer to participate in a wage and hour class arbitration. … Continue Reading
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