Tag Archives: Wage and Hour

Employers Must Use Caution When Basing Pay Decisions On Prior Salary History

Employer
Imagine a scenario where an employer hires two individuals – a male and female – to fill two identical jobs (i.e., same job qualifications and same job duties). Both individuals satisfy the educational, skill, and other technical requirements for the job and they have similar employment histories.  However, at their prior places of employment, one … Continue reading this entry

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Wage and Hour
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

DOL’s Increased Salary Test: What Employers Need to Know

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, … Continue reading this entry

A Hard Rain’s A-Gonna Fall: Pay Equity Disputes Ready To Explode

California Emloyers
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

Wisconsin Supreme Court Split Over Hormel Wage and Hour Claims

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

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint employers.” This guidance, issued by David Weil, the administrator of DOL’s Wage and Hour Division, makes clear those businesses sharing employees … Continue reading this entry

But We Need You to Work More Than 40 Hours This Week! Overtime and the Health Care Employer

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

We Thought It Might Be Getting Better … But Class Certification is Still On the Rise

The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s practices can and should support class certification. Class certification has accordingly become an issue of … Continue reading this entry

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

California Emloyers
Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind companies of the potential risks inherent in other-than-employee classifications. But just in case anyone in the business community has not heeded these warnings, … Continue reading this entry

The Importance of Tracking Employee Time — Simple Practices to Avoid Big Headaches

Employers must keep track of hours worked by hourly, non-exempt employees. Any timekeeping method is permitted, as long as it is complete and accurate. The need to track hours might appear obvious at first, but in reality, this simple rule is not always easy to follow. For example, when hourly employees are out in the … Continue reading this entry

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock” because the employer only allowed reporting a certain number of hours, because the employer “discouraged” … Continue reading this entry

California Employers Should Heed Seating Suits

A wave of wage and hour class actions have been filed in California against retail employers over lack of “suitable seating” for their employees. These cases are based on California Industrial Welfare Commission Wage Order 7-2001, section 14, which requires that: (A) All working employees shall be provided with suitable seats when the nature of … Continue reading this entry

Dealing With the Downturn -- Wage and Benefit Freezes and Takeaways

As the U.S. economy continues to struggle, employers are exploring ways to control expenses. Labor costs, which often represent a significant portion of an employer’s operating expenses, continue to receive much attention from business owners and operators. While employee layoffs have dominated the news for much of the current downturn, employers have been forced to … Continue reading this entry