On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its workers are exempt from the minimum wage and overtime requirements imposed by the Fair Labor Standards
DOL Proposes Updated Overtime Exemptions Rule, Raising Minimum Salary to $55,086
On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions. The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published shortly as a Notice of Proposed Rulemaking in the Federal Register, at which time a public comment
$22 Million FLSA Verdict Illustrates the Significance of Brief Unpaid Work Tasks
On May 9, the U.S. Department of Labor (“DOL”) secured its largest Fair Labor Standards Act (“FLSA”) jury verdict in history, when a jury in the Eastern District of Pennsylvania awarded $22 million to a class of approximately 7,500 workers for unpaid time spent on pre- and post-shift activities. The case is Su v. East
Missed Payroll in the Wake of Bank Collapse: Implications and Strategies
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing risk.
Obligation to Make Payroll
Under federal and most state laws, employers have both timing-of-pay and frequency-of-pay obligations. Under most of these
[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements.
California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims
Last week, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019).
In a rearguard effort to fight employment arbitration agreements, which usually include class action waivers, plaintiffs’ lawyers have