Category Archives: Wage & Hour

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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

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

Brinker Restaurant Corporation v. Superior Ct.: The Takeaway on Meal and Rest Period Rules and Claims

In Brinker Restaurant Corporation v. Superior Ct., the California Supreme Court clarified the nature of an employer’s duty to “provide” employees with meal breaks, as well as the timing requirements of meal and rest periods. In ruling on whether the classes were properly certified, the decision also raised issues regarding whether claims with disputed elements … Continue Reading

Comment Period on DOL’s Proposed Changes to ‘Companionship Exemption’ Set to Close on March 21, 2012

The extended period to submit comments on the Department of Labor's proposed rules affecting the FLSA's "companionship exemption" is set to close on March 21, 2012. The comment period had originally been set to expire on February 27, 2012, but was extended for two weeks in late February, and then for another nine days in early March. … Continue Reading

Individual Liability for Wage and Hour Claims

It sometimes gets lost in the shuffle, but individual owners also may be liable for damages in wage and hour claims just as much as the company.  Take the recent case of Torres, et al. v. Gristede’s Operating Corp., et al., 04-CV-3316 (S.D.N.Y. Sept. 9, 2011).   Gristede’s is a large supermarket chain located in New … Continue Reading

Ninth Circuit Rules That State Social Workers Are Not “Learned Professionals” Exempt from Overtime Pay

On September 9, the Ninth Circuit ruled that Washington State social workers are not “learned professionals” exempt from FLSA overtime pay requirements, despite “rigorous” educational and training requirements for the positions (Solis v. Washington).  Candidates for the position of Social Worker 2 were required to have a bachelor’s degree in social services, human services, behavioral … Continue Reading

NLRB Guidance on Social Media Activities

We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions … Continue Reading

Exotic Dancers not Employees under Nevada Wage Laws

A victory for the defense in Terry v. SHAC, LLC, d/b/a/ Sapphire Gentlemen’s Club, as a state court in Nevada ruled that exotic dancers who performed there were not employees of the club. The dancers contracted individually with the club pursuant to a rental agreement, under which a dancer paid flat fees to the club on … Continue Reading

21st Century Digital DOL Releases Timesheet Application

Under the Fair Labor Standards Act employers are clearly required to track and record their employees’ hours worked. On May 9, 2011, the United States Department of Labor introduced a new smartphone timesheet application that provides individual employees the ability to track their hours worked and calculate their respective compensation for those hours. Might this new smartphone application, however, create … Continue Reading

New FLSA Regulations to Take Effect May 5, 2011

The new regulations interpreting the Fair Labor Standards Act (FLSA) will take effect May 5, 2011. Published earlier this month by the Wage and Hour Division of the U.S. Department of Labor (DOL), the final amendments to the regulations provide employers with much needed clarification on taking tip credits and constructing valid tip pooling arrangements. The … Continue Reading

Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime

  On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the outside sales employees or administrative exemptions. Employers who treat outside salespersons as exempt under either exemption may want to reexamine their policies in light of the … Continue Reading
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