With DOL's Overtime Rule Still in Limbo, What Should Employers Do Now?
8/31/17
By: Paul H. Derrick
As most employers know, the U.S. Department of Labor announced, during the Obama administration, that it was rolling out new standards for determining when employees are entitled to be paid overtime for all time worked beyond …
Salary History Bans: A Growing Trend
8/18/17
By: Allison S. Hyatt
More than 50 years have passed since Congress passed the Equal Pay Act of 1963 requiring employers to pay men and women “equal pay for equal work.” In recent years, cities and states around the country …
DOL’s Regulation of Tip-Pooling May Change
8/10/17
By: Michael M. Hill
We previously have written about the “tip credit” provision under the Fair Labor Standards Act and the developing circuit split regarding whether an employee’s tips belong to the employee or the employer. Since 2011, …
2017 Florida Legislative Scorecard for Labor and Employment Laws
8/9/17
By: Melissa A. Santalone
In its 2017 legislative session, both houses of the Florida Legislature introduced bills on a wide array of topics that, were they to become law, would affect the interests of Florida employers in numerous ways. Over …
Don’t Retaliate Over Spilled Milk
8/8/17
The Ninth Circuit Court of Appeals recently held that an employer’s attorney can be held liable under the retaliation provisions of the Fair Labor Standards Act (“FLSA”). In Arias v. Raimondo, 860 F.3d 1185, 1186 …
DOL Invites Public Comment on Overtime Rule
7/26/17
By: Paul H. Derrick
The U.S. Department of Labor has announced that it is formally seeking public comment on the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards Act’s so-called “overtime rule” or “white collar” exemptions.…
Circuit Split at a Tipping Point
7/19/17
By: Michael M. Hill
Many people know that employers in hospitality industries, like restaurants and hotels, where employees customarily receive tips from customers, are allowed under federal law to pay their tipped employees less than the federal minimum wage as …
A “Day of Rest” Clarified in California
5/25/17
By: Matthew Jones
Over the years there has been uncertainty regarding California Labor Code’s regulations regarding a day of rest. The applicable Labor Code sections are 552, which prohibits an employer from “caus[ing] [its] employees to work more than six …
Comp Time: Coming Soon to a Workplace Near You?
5/12/17
By: Paul H. Derrick
For the first time in many decades, private sector employers are a step closer to being able to provide compensatory time off (“comp time”) to their employees instead of paying monetary wages for overtime. Under current …
Be on the Lookout for Minimum Wage Increases in 2017
12/20/16
By: Brad Adler and Agne Krutules
As we enter into 2017, employers should remember that, while the federal minimum wage remains at $7.25, many state and local jurisdictions have passed legislation that will increase their respective minimum wage in 2017.…
States File Lawsuit to Block New Department of Labor Overtime Rules
9/22/16
By: Timothy Holdsworth
On September 20, twenty-one (21) states filed a challenge to the Department of Labor’s (“DOL”) increases to the minimum salary included in the final rules amending the Fair Labor Standard Act’s (“FLSA”) White Collar Exemptions, released in …
8/22/16
By: Dennis Strazulo
On July 22, 2016, Governor Brown approved Assembly Bill 2535 (AB 2535) to amend California Labor Code section 226. The amendment provides much-needed narrowing of the statute’s current requirement that an employer include hours worked on itemized …