Category Archives: wages

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DOL Issues Guidance on Wage-and-Hour Obligations as Pandemic Increases Telework

Prompted by telework arrangements that arose in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued a Bulletin addressing important work-from-home wage-and-hour considerations. The DOL’s Bulletin presents useful guidance for employers grappling with the challenges of managing working time and pay of employees forced into … Continue Reading

Collision: Collateral Effects of California’s Lawsuits Against Lyft and Uber

The California Labor Commissioner’s Office has challenged Uber and Lyft in two new state-backed lawsuits that allege that the companies have engaged in “wage theft” by misclassifying their drivers as independent contractors. Filed in Alameda County, the suits are the most recent effort to enforce A.B. 5, which arguably caused a sea change in the analysis … Continue Reading

Multiemployer Plans Poised For More Assumption Rate Suits

Challenges to the reasonableness of pension plan actuarial assumptions are confronting corporate plan sponsors not only with regard to their own plans but also with respect to the calculation of withdrawal liability when they exit a multiemployer plan. Since the enactment of the Multiemployer Pension Plan Amendments Act, withdrawal liability under the Employee Retirement Income … Continue Reading

High Court Articulates Test for Applicability of California Wage Statement Requirements to Interstate Workers

California employers have frequently been faced with confusing standards for the application of California’s stringent wage statement requirements for employees that routinely travel between states as a function of their jobs. The California Supreme Court recently addressed this issue in two companion cases: Ward v. United Airlines, Inc. and Oman v. Delta Air Lines, Inc., … Continue Reading

Timothy Long and Lindsay Hutner to Participate at Bridgeport’s Independent Contractor, Joint Employment Misclassification Litigation 2020 Teleconference

Timothy Long and Lindsay Hutner of global law firm Greenberg Traurig, LLP will participate in the Independent Contractor, Joint Employment Misclassification Litigation Teleconference program on June 30. Hosted by Bridgeport Continuing Education, the teleconference will discuss the challenges of how to classify independent contractors and employees and which employees are exempt. According to its website, Bridgeport … Continue Reading

Fewer Commissioned Employees Eligible for Overtime Under New Employer-Friendly Department of Labor Rule

The United States Department of Labor (DOL) issued revised regulations on May 18, 2020, effectively expanding the exemptions under Section 7(i) of the Fair Labor Standards Act (FLSA), which permits certain commissioned employees of “retail or service establishments” to be considered exempt from overtime. Designed to “reduce confusion,” the new rule, which takes effect immediately, … Continue Reading

DOJ and FTC Issue Joint Antitrust Statements for Businesses and Workers in Response to COVID-19 Pandemic

In April, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission released a Joint Statement, warning they are “on alert” and will scrutinize employers – especially employers of front-line and essential workers such as doctors, nurses, grocery store employees, pharmacists, and warehouse workers – who engage in … Continue Reading

New York Sick Leave, Disability, and Paid Family Leave Benefits for Employees Quarantined Due To COVID-19

On March 18, new legislation was enacted in New York state to provide additional paid sick leave, as well as insurance benefits under paid family leave (“PFL”) and statutory disability (“DBL”) policies to employees subject to a mandatory or precautionary order of quarantine. This legislation is limited to where there is a mandatory or precautionary … Continue Reading

New York, New Jersey Employers Now Prohibited From Inquiring About Salary History

As noted in our 2019 legislative update, New Jersey and New York have joined a growing number of states in prohibiting employers from asking job applicants about their salary history. Both states’ legislation became effective earlier this month after being signed into law last year. As of January 2020, other states that prohibit all private employers … Continue Reading

Chicago ‘Fair Workweek’ Ordinance Requires Employers to Provide Scheduling Notice to Covered Employees

On July 24, 2019, the city of Chicago enacted the Chicago Fair Workweek Ordinance, intended to “enact and enforce fair and equitable employment scheduling practices in the City of Chicago…” Most provisions of the Ordinance go into effect on July 1, 2020. The Ordinance covers employers primarily engaged in building services, health care, hotel, manufacturing, … Continue Reading

New Jersey Implements Steep Sanctions for Wage Payment Violations

On Aug. 6, 2019, New Jersey Acting Gov. Sheila Oliver signed a new “wage theft” law that expands the fines, penalties, and damages to be imposed for violations of the state’s wage payment law for an extended six-year statute of limitations period. The law takes effect immediately. In this GT Alert we explore the new … Continue Reading

Nevada Mandates Paid Time Off for Workers

On June 13, 2019, Nevada Governor Steve Sisolak signed SB 312 into law to require Nevada employers to provide paid leave to workers. Specifically, the bill requires that employees receive 0.01923 hours of paid leave for each hour worked. Under this formula, a worker who works 40 hours per week for 52 weeks will be entitled to … Continue Reading

Top Massachusetts Court Rules in Favor of Employer in Wage Act Case of Calixto v. Coughlin

On Dec. 28, 2018, in Calixto v. Coughlin, the Supreme Judicial Court of Massachusetts (SJC) issued a unanimous opinion in favor of Greenberg Traurig’s clients, former officers of a defunct company. The SJC upheld the dismissal of Calixto’s claims alleging violation of the Massachusetts Wage Act, G. L. c. 149, § 148 (Wage Act), and … Continue Reading
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