On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD) Administrator, sought to limit instances of misclassification of workers, and expand the instances where a business might be considered a joint employer … Continue reading this entry Tags: Department of Labor,independent contractor,Joint Employer,Obama,Trump
In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours worked. The appeal is obvious. For the employee, a guaranteed day rate means the … Continue reading this entry Tags: day rate,hourly pay,job rate,shift rate,wage
Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law — certainly, it is not often that these two areas are discussed in the same article, let alone the … Continue reading this entry Tags: immigration,Minimum Wage,U.S. Citizenship & Immigration Services,Wage and Hour
Unfortunately, many employers from time to time face the need to restructure or downsize their workforce. While the business climate or customer needs are often the driving force in a restructuring or layoff, there are a number of other factors that employers must consider when planning for the actual implementation of such a change. As … Continue reading this entry Tags: Age Discrimination in Employment Act,automotive,layoffs,Pennsylvania,restructuring
As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own overtime rules — New York. Effective December 31, 2016, the New York Department of Labor amended its minimum … Continue reading this entry Tags: Department of Labor,DOL,Employment Law,New York,New York City,Overtime
On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the unwary. The DOJ and FTC’s guidance reminds HR professionals to avoid entering into agreements concerning wages, employee benefits, or terms of … Continue reading this entry Tags: ancillary restraint,antitrust,naked wage-fixing,no-poachng agreements
Long gone are the days where individuals required computer access in order to connect to the internet. Smartphones are everywhere, and the internet of things (IoT) means that common objects such as cars and phones can now easily connect to the internet to send and receive data. Unsurprisingly, it feels like most people have access … Continue reading this entry Tags: Internet of Things,non-exempt,Privacy,waiting time
With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating workweek method of compensation. However, prior to implementing such an approach, employers would be wise to seek guidance from counsel because the … Continue reading this entry Tags: Department of Labor,Fluctuating Workweek,FWW
On August 1, 2016, Massachusetts became the first state to bar employers from asking job applicants about their salary history before making a formal job offer that includes compensation. Under the new law, employers may not seek information about an applicant’s salary history from the applicant or his or her current or former employer unless … Continue reading this entry Tags: Equal Pay Law,Massachusetts,Salary
Late last month, the Chicago City Council unanimously approved a new paid sick leave ordinance requiring virtually every employer in the city to provide at least some paid time off to employees for sick leave purposes. Cook County’s Board of Commissioners is expected to approve a similar ordinance later this year. Chicago is not forging … Continue reading this entry Tags: Chicago,Paid Sick Leave,Paid Time Off,PTO
Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide: “There shall be no pyramiding of overtime,” but under the employer’s pay practices, the employer has in fact been pyramiding (counting … Continue reading this entry Tags: bargain,contract,labor agreements,Overtime,pyramiding,Union
As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing (i.e., taking off) personal protective equipment (PPE). The Supreme Court has recently entered the fray, and in its recent … Continue reading this entry Tags: Doffing,Donning,Fair Labor Standards Act,FLSA,Personal Protective Equipment,Supreme Court
In deference to Bob Dylan, while you may not need a weatherman to know which way the wind blows, employers quite often rely on employment lawyers to help them recognize an approaching legal storm and how best to prepare for it. Today, this weatherman is forecasting a coming pay equity storm. To best prepare, below … Continue reading this entry Tags: Equal Pay Act,New York,Pay Equity,Wage and Hour
Yesterday, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for Wisconsin employers on the application of two significant wage and hour concepts: (i) whether certain activities are preliminary and/or postliminary, such that … Continue reading this entry Tags: de minimis,postliminary activities,preliminary activities,Wage and Hour,Wisconsin
In 2014, the Internal Revenue Service (IRS) expanded the events that would allow employees to drop their health plan coverage under their employer’s cafeteria plan. As a reminder, the general rule is that once an employee enrolls in his or her employer’s group health plan through a cafeteria plan – which is what allows the … Continue reading this entry Tags: Affordable Care Act,cafeteria plan,Internal Revenue Service,IRS,Marketplace
Hospitals and other health care facilities often do not know exactly how many hours each week they may need nurses and other allied health staff to work. Other employees may get sick, have a baby, go on vacation, or patient censuses may spike. From the Emergency Department in a busy inner-city hospital to a burgeoning … Continue reading this entry Tags: Health Care,Overtime,Pennsylvania,Wage and Hour
Posted in Wage and Hour
Posted in Wage and Hour
Posted in Wage and Hour
Posted in Wage and Hour
Posted in Antitrust; Wage and Hour
Posted in New and Recent Legislation; Wage and Hour
Posted in Labor Relations; Wage and Hour
