Law and the Workplace

Tag Archives: wage and hour

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Time ClockEven the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to be used to purchase medical, vision, and dental benefits. Employees can decline to purchase medical benefits (say, because … Continue Reading

New York Regulations on Wage Payment Methods Declared Invalid

Time ClockAs we previously reported, on September 7, 2016, the New York State Department of Labor (“NYSDOL”) published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  These regulations–to be codified in 12 NYCRR Part 192–were scheduled to take effect on March … Continue Reading

Trump DOL Presses Pause Button on Appeal of Overtime Rule Injunction

Time ClockRemember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions?  In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect.  The DOL successfully petitioned the Fifth Circuit for an expedited appeal of the injunction in December, and briefing was to … Continue Reading

Montgomery County Minimum Wage Increase Vetoed

Yesterday (January 23, 2017), Montgomery County Executive Isiah Leggett vetoed legislation that the Montgomery County Council approved last week that would have increased the County’s minimum wage to $15 per hour by 2020. In our previous analysis of this development, we noted that such a veto was possible.  Despite the veto, the prospect of an … Continue Reading

Appellate Division Rules That Paid Blogger Was Not An “Employee” Entitled To Unemployment Benefits, Signaling Trend Toward More Searching Judicial Review of Agency Decisions

Time ClockOne of the recurring themes in workplace law in 2016 was the continued crackdown on independent contractor misclassification.  Both federal and state agencies, as well as the plaintiffs’ bar, invested significant resources to challenge employers in the “gig economy”—as well as in more traditional businesses—that rely heavily on contractors, freelancers, and other third-party service providers. … Continue Reading

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Time ClockEarlier today Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation.  The DOL had asked the district court—which has already issued a preliminary injunction blocking the DOL’s new overtime rule from taking effect—to refrain from taking … Continue Reading

New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption

Time ClockThe New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to new levels that differ based on employer size and location. Effective December 31, 2016, the new salary thresholds in … Continue Reading

New York’s New Wage Orders, Raising Minimum Salaries for Exemption, Could Take Effect December 31

Time ClockThe New York State Department of Labor is still sitting on proposed new wage orders that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to up to $825 per week ($42,900) for employers with eleven or more employees in New York City.  … Continue Reading

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

Time ClockWith winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are likely to face during weather-related or other emergencies, and the consequences under the wage and hour laws. “Our office was closed for … Continue Reading

Recovery of Liquidated Damages Under Both FLSA and State Law Improper, Says Second Circuit

Time ClockIn a summary order issued on December 7, the Court of Appeals for the Second Circuit–in Chowdhury v. Hamza Express Food Corp., No. 15‐3142‐cv–held that an award of liquidated damages under both the Fair Labor Standards Act and the New  York Labor Law with respect to the same violation was improper: [The Labor Law] does … Continue Reading

NYC Council Introduces Suite of Worker Protection Bills, In Likely Sign of Things to Come

SchedulingAs we noted in an earlier post, the election of Donald J. Trump likely means that states and municipalities—and not the federal government—will lead the charge on worker-protection issues for the next four years.  In this vein, the New York City Council introduced a series of bills on December 6 aimed at tightening restrictions and … Continue Reading

Federal Court Blocks DOL Overtime Rule

Time ClockA federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum salary for most exempt executive, administrative, and professional employees to $913 per week, among other things). The judge noted … Continue Reading

Chicago Sees A Major Uptick in FLSA Litigation, Consistent With National Trends

Time ClockThe U.S. District Court for the Northern District of Illinois has emerged as one of the nation’s busiest federal district courts with respect to wage-and-hour litigation.  As reported by Crain’s Chicago Business, in 2015 alone, 542 Fair Labor Standards Act actions were filed in the Northern District of Illinois.  Between 2011 and 2015, wage-and-hour actions … Continue Reading

30 Days Until New Overtime Rules Take Effect

Time ClockThe new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1. Remember that both overtime pay (for non-exempt employees) and the salary basis test (for exempt employees) are calculated on a workweek basis, and that each workweek–a fixed and regularly … Continue Reading

Yoga Instructors Can Be Independent Contractors, Says NY Court of Appeals

Time ClockEarlier this week, the New York State Court of Appeals in Yoga Vida NYC, Inc. v. Commissioner of Labor., No. 130 (N.Y. Oct. 25, 2016), issued a rare decision concerning an unemployment determination, reversing the Appellate Division and concluding that the employer yoga studio did not exercise sufficient control over certain of its instructors to create … Continue Reading

Mayor Signs Into Law NYC Bill Protecting Freelance Workers, Effective May 15, 2017

Time ClockOn November 16, 2016, NYC Mayor De Blasio signed into law the Freelance Isn’t Free Act, a local law (No. 1017-2015) establishing protections for freelance workers. The law, amending Title 10 of the N.Y.C. Administrative Code, establishes and enhances protections for freelance workers, including the right to receive a written contract, the right to be … Continue Reading

Oklahoma Partners With U.S. DOL to Investigate Worker Misclassification

Time ClockOn September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor misclassification.  Oklahoma represents just the latest in a flurry of new participants in the U.S. DOL’s Misclassification Initiative, which was launched in 2010 … Continue Reading
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