Archives: Wage and Hour

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

By Amy J. Traub and Laura Scully on January 23, 2014 Posted in FLSA, Wage and Hour

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

By Jeanine Conley and Amy J. Traub on December 6, 2013 Posted in Department of Labor, DOL, FLSA, Independent Contractor, New York, Wage and Hour

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

Certain Deductions Allowed Under New York Labor Law, But Employers Beware

By Amy J. Traub and Laura Scully on October 24, 2013 Posted in New York, Wage and Hour

The New York State Department of Labor (“NYSDOL”) issued final regulations last week governing how employers may make certain types of deductions from employee wages authorized under the New York Labor Law. For years, there were very few exceptions to the Law’s general prohibition on wage deductions. This changed last year, when the New York … Continue Reading

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

By Amy J. Traub and Jeanine Conley on October 4, 2013 Posted in DOL, FLSA, Home Health Workers, Wage and Hour

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care agencies and other third parties have not had to pay federally required minimum wage and overtime to workers providing home … Continue Reading

Failure to Reimburse California Employees for Business Expenses, Including Mileage, Resulting in Class-Action Litigation

By Nancy Inesta on August 29, 2013 Posted in California, FLSA, Retail, Wage and Hour

In California, there has been an increase in class action litigation against employers for the alleged failure to reimburse employees for business expenses, particularly mileage reimbursement. By way of example, in recent actions filed against prominent retailers, employees allege that they were not reimbursed for mileage and other travel expenses caused by: daily bank deposits, … Continue Reading