Law and the Workplace

Tag Archives: minimum wage

Chicago Expands Paid Sick Leave Ordinance

Effective August 1, 2021, the City of Chicago’s Minimum Wage and Paid Sick Leave Ordinance was amended to provide for additional uses of paid sick leave for eligible employees.  Under the Amended Ordinance, an employee who works at least 80 hours for an employer within any 120-day period while physically present within the geographic boundaries … Continue Reading

Pennsylvania Employers Must Pay for Time Spent in Security Screenings

On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory security screening on an employer’s premises is compensable “hours worked” under Pennsylvania law.  The decision from the Commonwealth’s high court, … Continue Reading

DOL and Liquidated Damages: The Breakup Only Lasted 9 Months

On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims.  In Field Assistance Bulletin No. 2021-2, issued by the Wage and Hour Division’s Principal Deputy Administrator, Jessica Looman, the agency announced that … Continue Reading

Biden Administration Wage and Hour Update:  50 Days In…

We’re 50 days into the Biden administration.  Here’s an update on where things stand with respect to wage and hour law at the federal level: On March 11, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD)—as expected—announced its proposals to rescind the Trump-era rules on independent contractor classification and joint employment. WHD’s … Continue Reading

DOL Ends PAID Program

On January 29, the U.S. Department of Labor announced that it was discontinuing the Payroll Audit Independent Determination (“PAID”) program, effective immediately.  Under the program, which began in 2018, employers could self-report wage and hour violations to the DOL with the promise that the agency would supervise a settlement of the violations without seeking liquidated … Continue Reading

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related travel. The rules at issue only apply to non-exempt (e.g., overtime-eligible) employees.  If the time is considered “hours worked” under the FLSA, … Continue Reading

DOL To Refrain From Seeking Liquidated Damages in Most Pre-Litigation Settlements

SchedulingEffective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations.  The change in policy, announced in Field Assistance Bulletin 2020-2, is significant, as liquidated damages can equal 100% of the back pay deemed to be owing, potentially resulting in “double … Continue Reading

Fewer Than 100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

On January 1, 2020, the new federal overtime rule takes effect.  Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will be required to pay most executive, administrative, and professional employees at least $684 per week ($35,568 per year).  Are you ready for … Continue Reading

The New Federal Overtime Rule:  What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line: The salary minimum for exemption as an executive, administrative, or professional employee will jump from $455 per week ($23,660 per year) to $684 … Continue Reading

Nevada Enacts Laws Regarding Paid Personal Leave, Drug Testing, and Minimum Wage

Continuing the trend of states passing increasingly progressive employment regulations, Nevada recently enacted three new laws addressing paid leave, workplace drug testing, and minimum wage. Paid Personal Leave Following in the footsteps of Maine, which recently became the first state to enact a personal leave law, SB 312 will require private employers with 50 or … Continue Reading

DOL Validates Independent Contractor Relationships in the On-Demand Marketplace

In an opinion letter issued April 29, 2019, the U.S. Department of Labor’s Wage and Hour Division concluded that a “virtual marketplace company” (“VMC”) that connects service providers with consumers is not the employer of the service providers.  The opinion should be a welcome one not only for VMCs and businesses in the “gig economy,” … Continue Reading

Reminder: New York Minimum Salary for Exemption, Minimum Wage Increasing on December 31

As discussed in our earlier post, New York State’s annual increases for overtime exemption and minimum wage go into effect on December 31, 2018. Employers whose exempt “administrative” and “executive” employees are currently paid less than the new salary minimums must either increase those salaries to the new levels or start paying the affected employees … Continue Reading

New Federal Tip Rules Expected in October 2018

Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently $2.13) and the federal minimum wage (currently $7.25).  Employers using the tip credit must be able to show that … Continue Reading

New York Minimum Salary for Exemption, Minimum Wage to Increase on December 31

It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $975 per week ($50,700 annually) to $1,125 per week ($58,500 annually) for New York City … Continue Reading

Wage and Hour Considerations During Weather-Related Emergencies

Business disruptions stemming from natural disasters – whether a hurricane, snowstorm, wildfire or other emergency – raise important questions for employers. We want to take this opportunity to share insight on the frequently asked questions that our clients face in the wake of natural disasters. The following scenarios shed light on employer rights and responsibilities … Continue Reading

Massachusetts Governor Signs Minimum Wage, Family and Medical Leave Bill

Paying WagesOn June 28, 2018, Governor Charlie Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday” (HB 4640) into law. Last week, we covered three major changes the Act makes to Massachusetts law that employers should be aware of (available here). In short, the Act incrementally increases minimum … Continue Reading

Massachusetts Legislature Passes Compromise Bill Increasing Minimum Wage, Establishing Paid Family and Medical Leave

On June 20, 2018, the Massachusetts legislature passed House Bill 4640, “An Act Relative to Minimum Wage, Paid Family Medical Leave, and the Sales Tax Holiday.” The bill increases minimum wage, eliminates premium Sunday pay for retail workers, and establishes a state paid family and medical leave insurance program. The bill also creates an annual … Continue Reading

California Changes Rules on Independent Contractors

As reported by my colleagues in Proskauer’s California Employment Law Update, the Supreme Court of California established new rules on April 30, 2018 for determining whether a worker is an independent contractor or an employee for purposes of California’s Industrial Welfare Commission (IWC) Wage Orders.  The Wage Orders set forth California’s requirements for minimum wage, … Continue Reading

DOL Clears Up Travel Time Issue For Employees With No “Normal Working Hours”

The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex.  As opposed to exempt employees—who generally receive a salary intended to compensate them for all working time, including time spent in business-related travel—non-exempt employees are often only paid for the particular hours that the law deems compensable.  … Continue Reading

DOL’s “New” PAID Self-Reporting Program of Questionable Value to Employers

Earlier this week, the U.S. Department of Labor’s Wage and Hour Division announced the upcoming launch of a “new” pilot program called the Payroll Audit Independent Determination program (“PAID”).  Under PAID, employers can come forward voluntarily to disclose wage and hour violations to the DOL, the DOL will supervise a settlement of any monetary claims … Continue Reading

DOL Revives Slate of FLSA Opinion Letters From 2009

Continuing the pro-business activities many expected from the agency, the U.S. Department of Labor has revived 17 Fair Labor Standards Act opinion letters that were published in the waning days of the Bush Administration in January 2009 but promptly withdrawn by the Obama DOL in March of that year.  The opinion letters were reissued verbatim … Continue Reading

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again!  New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017.  On that date: The minimum salary for exemption as an “administrative” or “executive” employee increases from $825 per week ($42,900 annually) to $975 per week ($50,700 annually) for New York … Continue Reading

Montgomery County Council Approves Increase In Minimum Wage to $15 Per Hour

On November 7, 2017, the Montgomery County Council unanimously passed a bill to increase the County’s minimum wage to $15 per hour by 2021 for employers with more than 50 employees (the “Bill”). Mid-size businesses, with 11 to 50 employees, must phase in the higher wage by 2023.  Small businesses (those with fewer than 11 … Continue Reading
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