Category Archives: Wage and Hour

California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer

California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading

Posted in California, California Court of Appeal, Compensable Time, Employee Policies & Procedures, Employment Contracts, Wage and Hour | Leave a comment

Colorado Joins the [Vacation] Club: No Use-It-Or-Lose-It Vacation Policies Permitted

The Colorado Department of Labor and Employment’s Division of Labor has issued new guidance that prohibits employers from maintaining “use-it-or-lose-it” vacation policies for Colorado employees. “Use-it-or-lose-it” vacation policies include those that require employees to use accrued vacation time prior to a … Continue reading

Posted in Colorado, Employee Policies & Procedures, HR, Vacation Policies, Wage and Hour | Leave a comment

New California Law Allows Health Care Workers to Waive Meal Periods

On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Compensable Time, Healthcare, Meal and Rest Breaks, Wage and Hour | Leave a comment

California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Class Actions, Employee Policies & Procedures, Healthcare, Meal and Rest Breaks, Overtime, Wage and Hour | Leave a comment

Navigating the Holiday Season Minefield with Your Workforce: 6 Essential Tips for Employers

As your company enters the holiday season, it’s important for human resource team members, general counsel and the corporate management to be aware of essential issues that should be addressed proactively to ensure a positive holiday period. The last thing … Continue reading

Posted in Defamation, Discrimination, Employee Policies & Procedures, Gender Discrimination, Holiday Season, HR, Religious Discrimination, Religious Observances, Risk Management, Wage and Hour | Leave a comment

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

U.S. Department of Labor Cracks Down on Overtime Violations with $18M Halliburton Settlement

The U.S. Department of Labor (DOL) demonstrated the seriousness of its focus on overtime pay violations with a record-setting recovery of more than $18.3 million in wages the agency determined was due to more than 1,016 employees of Halliburton, the … Continue reading

Posted in DOL, Employee Classification, Fair Labor Standards Act, FLSA/Overtime, Overtime, Wage and Hour | Leave a comment

Four Legal and Managerial Priorities When Implementing a Remote Workforce Strategy

As more Americans have embraced a “mobile” technology culture, many employers have embraced the cultural shift and begun utilizing a remote workforce. Opinions regarding the benefits and drawbacks of the virtual office and remote workplace abound among workers and businesses … Continue reading

Posted in ADA, BYOD, Data Security, Employee Policies & Procedures, Fair Labor Standards Act, FLSA/Overtime, FMLA, Interstate Operations, Medical Leave, Privacy, Wage and Hour | Leave a comment

U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards

On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading

Posted in DOL, Employee Classification, Hiring, Independent Contractors, Uncategorized, Wage and Hour | Leave a comment

Court Finds that Unpaid Internships Are Legal Where Educational Benefit is Clear

A federal appeals court ruled in July 2015 that Fox Searchlight Pictures did not violate minimum wage laws by employing unpaid interns on the set of the film “Black Swan”. The ruling sets aside a lower court’s decision and sends … Continue reading

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Companies Must Consider Impact on Culture, Compensable Time with Employee Security Searches, Particularly In California

On December 9, 2014, the United States Supreme Court issued a much-anticipated decision in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), holding that the time warehouse workers spend undergoing security searches before leaving each day is … Continue reading

Posted in California, Compensable Time, Fair Labor Standards Act, FLSA/Overtime, Wage and Hour | Tagged , , , , , , | Leave a comment

Proposed DOL Changes May Set the Stage for Overtime Shift with Salaried Employees

New regulations pertaining to overtime pay proposed by the Obama administration may force many employers to correct a longstanding assumption about employee classification, particularly as they come to terms with changes that will significantly expand employee eligibility for overtime pay.

Posted in DOL, Employee Classification, FLSA/Overtime, Overtime, Wage and Hour | Tagged , , , , | Leave a comment

Multi-State Employers Face Potential Wage and Hour Claim Complications in the Washington DC Region

In a significant decision earlier this year, the Court of Appeals of Maryland found that employees performing work in Maryland on behalf of their Virginia employer may pursue claims for unpaid wages under the Maryland Wage Payment Collection Law (“MWPCL”) … Continue reading

Posted in Employment Contracts, Wage and Hour | Tagged , , | 1 Comment

New OFCCP Discrimination Rules on the Horizon for Federal Contractors

Federal contractors should be on the lookout for new OFCCP rules this fall and winter instituting new reporting requirements for federal contractors and updating federal contractor regulations regarding sex and gender discrimination. These new rules demonstrate significant changes to contractors’ … Continue reading

Posted in EEOC, Equal Pay, Government Contractors, OFCCP, Sexual harassment, Wage and Hour | Tagged | Leave a comment

Washington DC Tightens Regulation of Wage and Hour Compliance for Employers

In 2014, the Government of the District of Columbia (Washington DC) enacted the Wage Theft Prevention Amendment Act (WTPAA), which formally went into effect on February 26, 2015. The act made broad changes to Washington DC wage and hour laws, … Continue reading

Posted in D.C., Minimum Wage, Sick Leave, Wage and Hour | Tagged , , , | Leave a comment