Archives: Wage and Hour

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Colorado Shores Up Employee Protections for Criminal History Inquiries, Wage Theft and Pay Equity During Busy 2019 Legislative Session

Colorado’s 2019 legislative session was busy, including producing a trio of new employment laws that tighten regulations on employers in the areas of pay equity, criminal history inquiries and wage theft. Employers face comprehensive changes and should review pay practices, application processes, advancement and promotion policies, and employee record-keeping to comply with these new laws.… Continue Reading

Connecticut to Raise Minimum Wage to $15 Per Hour

On May 28, Connecticut Governor Ned Lamont signed Public Act No. 19-4, entitled “An Act Increasing the Minimum Fair Wage,” that will raise the Connecticut minimum wage to $15.00 per hour in 2023, which is more than double the current federal minimum wage of $7.25 per hour. Under the new law, the current Connecticut minimum … Continue Reading

New Year Brings New Requirements For Calculating Tipped Employee Wages In Massachusetts

Earlier this year, Gov. Charlie Baker signed a comprehensive bill titled “An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday,” which brought a variety of new protections for employees in Massachusetts. These protections include the implementation of a state-administered paid family and medical leave program, an increase of the … Continue Reading

Hope for Employers on the Wage and Hour Front: The Department of Labor Brings Back Opinion Letters

Given the exponential uptick in wage and hour lawsuits during the Obama administration and the United States Department of Labor’s (DOL’s) continuing aggressive enforcement of wage and hour laws, many employers have felt the risk of a potential lawsuit looming over their heads for pay violations they may not even know exist. Before 2010, Opinion … Continue Reading

Texas Judge Halts December 1 Implementation of Department of Labor’s “Overtime Final Rule”

UPDATE: As anticipated, the Department of Labor has filed its Notice of Appeal with the Fifth Circuit Court of Appeals, asserting that Judge Mazzant’s Nov. 22, 2016, Order enjoining the enforcement of the Department of Labor’s Final Overtime Rule “rests on an error of law and should be reversed.” The DOL has also requested that … Continue Reading

DOL Mandates Paid Sick Leave for Employees of Federal Contractors

Just a year after President Obama signed Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, the Department of Labor (DOL) announced its final rule mandating that federal contractors provide paid sick leave to employees who work “on or in connection with” federal contracts. The rule applies to new and renewed contracts with the … Continue Reading

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county contracts. Under the ordinance, local employers will face harsh penalties if they admit guilt or liability or are “adjudicated” to be guilty … Continue Reading

2015 Wage and Hour Law Update for Hospitality Industry Employers in New York

This Employment Law Spotlight blog post highlights important changes to New York’s wage and hour laws covering private employers in the hotel and restaurant industries, not including resort hotels. These changes are already in effect and require employers to, among other things, update their employment posters and other documentation. A. Increased Minimum Wage for Non-Exempt … Continue Reading

Latest Scoop From New Jersey on Independent Contractor Misclassification May Cause Employers Brain Freeze

An ice cream parlor in Dania Beach, Florida, features The Original Kitchen Sink Sundae, which contains up to 30 scoops, plus chocolate syrup, marshmallows, nuts, whipped cream, and a variety of berries.  Customers can choose from any of the 38 flavors offered, and this menu item has earned Jaxson’s Ice Cream Parlor plenty of positive … Continue Reading

Changes to New York’s Wage Theft Prevention Act Eliminating the Annual Wage Notice Requirement

On December 29, 2014, Governor Andrew Cuomo signed a bill that amends the Wage Theft Prevention Act (the “WTPA”) eliminating the burdensome annual wage notice requirement that was previously placed on employers (the “Amendments”). The Amendments also significantly increase penalties for wage payment violations, expand successor and personal liability for wage payment violations, and establish … Continue Reading

New Year, New Colorado Employment Laws

As Coloradans rang in 2015, new Colorado employment laws and regulations were also ushered into effect. These laws, all effective January 1, 2015, add protections and generally benefit employees while likely creating new compliance requirements (and, potentially, headaches) for Colorado employers. Colorado Minimum Wage Effective January 1, 2015, Colorado’s minimum wage rose $.23 — to … Continue Reading

President Obama Directs the DOL to Attack FLSA Exemptions

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean?  The answer is, only time will tell. In the “Presidential Memorandum” entitled “Updating and Modernizing Overtime Regulations,” the White House states that “regulations regarding exemptions … Continue Reading

As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right

A couple of weeks ago, a Philadelphia based sports bar chain entered into a consent order with the U.S. Department of Labor (DOL) and filed a request with the E.D. Pennsylvania for approval of a separate settlement with individual affected employees who alleged the employer improperly took tips from servers and violated the Fair Labor … Continue Reading

Illinois Supreme Court Upholds One of the Nation’s Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars in Penalties

Worker misclassification is now a bet-the-company issue. On February 21, 2004, the Illinois Supreme Court rejected a constitutional challenge to Illinois’s Employee Classification Act (the “ECA”), a law that defines most individuals who perform construction-related services as employees of the company who retains them, even if the relationship is set up as an independent contractor … Continue Reading

The Supreme Court’s Sandifer Decision and Collective Actions

Late last month, the U.S. Supreme Court issued its highly anticipated decision in Sandifer v. United States Steel Corp.  The Court examined donning and doffing claims, and in the course of doing so, expressed key timekeeping principles in general, which have the potential to affect claims against employers under the Fair Labor Standards Act, including … Continue Reading

Internship Programs: Rite of Passage, or Right to Pay? The Issue Deserves Continued Monitoring by Employers

With the start of the New Year, many employers are gearing up for their internship programs, which often coincide with academic semesters and summer recesses beginning in May.  Such programs, though, have become a source of much attention in the media, courts, state and federal agencies, and even legislatures.  Front and center in this debate … Continue Reading

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.”  New York joins 14 other states (including California, Connecticut, Massachusetts, and Washington) that have partnered with the DOL to “root out bad … Continue Reading
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