Category Archives: Wage & Hour

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Important EEO-1 and I-9 Updates

Pay Data Requirement for EEO-1 Form Stayed Earlier this week, the U.S. Office of Management and Budget (OMB) initiated an immediate stay of the Equal Employment Opportunity Commission’s revamped Employer Information Report, or EEO-1. As discussed here, an expanded EEO-1 was issued in September 2016, and required employers to submit information on employee pay and hours … Continue Reading

Make the Days Count: New California Guidance on Workweek Schedules

Employers in California now have long-overdue clarity about when their employee schedules comply with California law. The California Supreme Court last Monday handed down a unanimous opinion, Mendoza v. Nordstrom, Inc., that clarifies the meaning of California’s “day of rest” statutes. These statutes make it illegal for an employer to “cause” an employee to work … Continue Reading

New Laws and Lessons for Employers After Trump’s First 100 Days (Podcast)

In this 20-minute podcast, Hank Sledz and Lauren Novak discuss Congress’ push to allow private companies to offer comp time in lieu of paying time-and-a-half for overtime under the Working Families Flexibility Act, how employer-friendly the National Labor Relations Board (NLRB) and Department of Labor will be under new leadership, and other important changes during … Continue Reading

Is the Tide Turning Against Class Action Waivers in Arbitration Agreements?

Another federal court of appeals has weighed in on the question of whether requiring employees to waive the right to bring a class action against their employer in arbitration or court as a condition of employment violates employees’ rights under Section 7 of the National Labor Relations Act (NLRA).… Continue Reading

Summer Hours: Make Sure Summertime Flexible Hours Work

Summer is almost here! With longer days and warmer nights on the horizon, many employers may be thinking about offering shortened or altered work weeks to their employees.  Such arrangements can boost employee morale, improve productivity and efficiency, and create an attractive recruiting tool. A variety of approaches are available to employers interested in implementing … Continue Reading

7th Circuit Holds Mandatory Waiver of Class Claims Unlawful; Creates Circuit Court Split

In a decision that creates a split with the 5th Circuit Court of Appeals, the 7th Circuit on May 26, 2016 adopted the National Labor Relations Board’s D.R. Horton rationale and held that a condition of employment requiring employees to waive the right to bring class or collective actions either in arbitration or in judicial … Continue Reading

It’s Time to Act: DOL’s New Rule Expanding Overtime Eligibility to Take Effect December 1, 2016

If you read most any national news feed this week you are likely to come across the federal government’s unveiling of the U.S. Department of Labor’s final overtime rule (the Final Rule), which approximately doubles the salary basis test for employees to be eligible for the overtime exemption under the Fair Labor Standards Act (FLSA). … Continue Reading

Supreme Court OKs Use of Statistical Sampling in Class Action

The U.S. Supreme Court has upheld the use of statistical sampling evidence to establish liability and damages in a “donning and doffing” overtime class action under the Fair Labor Standards Act (FLSA) and state wage law. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 2016 WL 1092414 (U.S. Mar. 22, 2016). Business groups had urged the … Continue Reading

This March, Will Employers Bench Office Betting Pools?

March inevitably brings the “madness” associated with the NCAA basketball tournament and office betting pools. Sports gambling is illegal in almost every state, and the NCAA opposes all forms of legal and illegal sports wagering. The American Gaming Association estimated that $9 billion dollars was wagered illegally on the tournament last year alone, and office … Continue Reading

It’s Unanimous: Employers Face an Uncertain Future After Justice Scalia’s Death

There’s no dissent here.  Justice Scalia’s unexpected passing presents a potential blow to employers in two ways.  First, the Supreme Court lost one of its most staunchly conservative justices, who often sided with management in key employment-related decisions.  Second, his death has left the Supreme Court without a clear majority and no easy mechanism to … Continue Reading

Let’s Talk Turkey: Wage/Hour and Other Laws to Feast on Over Thanksgiving

We all know that employers do not receive “time off” from applicable employment laws during the holidays. To avoid unnecessary holiday headaches, be mindful of the following issues as you conduct your workplace holiday staffing and planning. Comply with your Policies and Collective Bargaining Agreements Remember to abide by the applicable holiday provisions of your … Continue Reading

California Adopts Most Stringent Equal Pay Law in the Nation

California’s new Fair Pay Act amends existing law to enact what is widely being considered as the most stringent equal pay law in the country.  The Fair Pay Act will amend existing law in a number of significant ways, making it easier for employees to bring equal pay suits against their employers.  Under previous law, … Continue Reading

Employment Law Highlights from the Supreme Court’s Current Term

Employment law loomed large on the Supreme Court’s docket this term. In seven highly anticipated cases, the Court interpreted federal employment statutes from Title VII and the Pregnancy Discrimination Act to FLSA and ERISA. While employers received favorable rulings in some cases, the Court’s decisions regarding religious discrimination and the accommodation of pregnant workers could impact … Continue Reading

U.S. Supreme Court Holds That Employee Compensation is Not Required for Workplace Security Screenings

Employers can breathe a momentary sigh of relief as a result of the recent Supreme Court decision issued in Integrity Staffing Solutions, Inc. v. Busk, a case that resolved the issue of whether employers are required to compensate their employees under the Fair Labor Standards Act (FLSA) for time spent passing through mandatory security screenings … Continue Reading

California Passes Paid Sick Leave Law and Other Recent Legislation

On September 10, 2014, Governor Jerry Brown signed into law AB 1522, known as the “Healthy Workplaces, Healthy Families Act of 2014.” This bill requires California employers, large and small, to provide paid sick leave for their employees. California and Connecticut are the only states in the country thus far to mandate paid sick leave. … Continue Reading

Supreme Court Decides Donning and Doffing Question for Unionized Employers

The U.S. Supreme Court’s January 27, 2014 decision in Sandifer v. United States Steel Corp. brings clarity to a hotly contested area of law for unionized workplaces. Under the Fair Labor Standards Act (“FLSA”), employees are generally entitled to compensation for the time it takes them to don and doff-put on and take off-required protective … Continue Reading

Second Circuit Adds to Trend Approving Class Action Waivers In Arbitration Agreements

The Second Circuit U.S. Court of Appeals has become the first federal Court of Appeals to apply the Supreme Court’s recent pro-arbitration decision in an antitrust case, American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), to the employment setting. Specifically, in an important pro-employer decision, the Second Circuit has ruled that … Continue Reading

Unpaid Interns Deemed Employees Entitled to Compensation under the FLSA

Last week, a New York federal district court ruled that unpaid interns working for a film production company were employees under the Fair Labor Standards Act (FLSA) and New York wage and hour law. Glatt v. Fox Searchlight Pictures, Inc., No. 11-cv-6784 (S.D.N.Y. June 11, 2013). The court also conditionally certified a related FLSA class … Continue Reading