Wage and HourBlog Posts
California Meal and Rest Period Compliance: Where Are We Now?As every California employer knows, wage and hour class actions in California are never-ending. One basis for many of these class actions has been employers’ alleged non-compliance with California meal and rest period requirements. As to meal periods, the two overriding issues have been whether an employer is required to ensure non-exempt employees take their meal … Continue reading California Meal and Rest Period Compliance: Where Are We Now?April 29, 2010 |
Maryland Legislature Clarifies Plaintiffs’ Ability to Seek Overtime Under Maryland Wage Payment and Collection LawWhile the FLSA undeniably provides a plaintiff with the right to assert a statutory claim for unpaid overtime and receive all statutory damages, whether, and under what circumstances, such a claim can be asserted under a state wage and hour law is not always so clear. In fact, in Maryland, courts had reached conflicting conclusions as to … Continue reading Maryland Legislature Clarifies Plaintiffs’ Ability to Seek Overtime Under Maryland Wage Payment and Collection LawApril 29, 2010 |
New Version of Proposed Contractor Misclassification Legislation IntroducedOn April 22, 2010, a revised version of the Employee Misclassification Prevention Act (“Act”) was introduced. If enacted, the Act, would amend the FLSA and provide a host of new enforcement mechanisms and penalties to combat employer use of the “independent contractor” classification to avoid minimum wage and overtime payment obligations. If passed the Act would … Continue reading New Version of Proposed Contractor Misclassification Legislation IntroducedApril 28, 2010 |
The Price of Non-Compliance with the Fluctuating Workweek Method of Overtime CalculationUnder the FLSA (and most state laws), the fluctuating workweek method (FWW) of overtime payment allows employers to reduce overtime expense by paying “half time” for all overtime hours if the following four factors are satisfied: 1) employees’ hours fluctuate from week; (2) employees receive a fixed salary each week that does not vary with … Continue reading The Price of Non-Compliance with the Fluctuating Workweek Method of Overtime CalculationApril 26, 2010 |
California Appellate Court Upholds Trial Court Ruling Denying Class Certification of Misclassification ClaimIn an action for unpaid overtime arising out of the alleged misclassification of restaurant managers as exempt, a California Court of Appeal recently held that the trial court properly ruled the action was not suitable for class treatment because common questions of law and fact did not predominate over individualized issues. Arenas v. El Torito … Continue reading California Appellate Court Upholds Trial Court Ruling Denying Class Certification of Misclassification ClaimApril 23, 2010 |
New York Magistrate Judge Recommends That Employee of Web Design Company is Ineligible for 7(i) Overtime ExemptionUnder 29 U.S.C. § 207(i) of the FLSA, employees of a “retail or service establishment” who receive 1.5 times the minimum wage for all hours worked and receive at least 50% of compensation in commissions for a representative period are exempt from overtime payments. This exemption is generally referred to as the 7(i) exemption. Recently, … Continue reading New York Magistrate Judge Recommends That Employee of Web Design Company is Ineligible for 7(i) Overtime ExemptionApril 22, 2010 |
Supreme Court Reinforces Its Shady Grove Ruling Limiting Application Of State Procedural Waiver Requirements In Federal Court ActionsOn the heels of its ruling in Shady Grove regarding the inapplicability of state procedural rules in federal court (discussed here), on April 19, 2010, the Supreme Court issued a decision reviving another dismissed class action. In Holster v. Gatco Inc., Case Number 08-1307, the Court granted the appeal petition of an individual seeking to … Continue reading Supreme Court Reinforces Its Shady Grove Ruling Limiting Application Of State Procedural Waiver Requirements In Federal Court ActionsApril 20, 2010 |
State Law Update: Nevada Minimum WageEmployers must not only ensure compliance with the federal minimum wage but also any applicable state minimum wage. Nevada’s minimum wage is dependent on whether an employer offers qualified health insurance benefits. Effective July 1, 2010, the Nevada minimum wage increases to $8.25 per hour for employers that do not offer qualified health insurance benefits, … Continue reading State Law Update: Nevada Minimum WageApril 20, 2010 |
Minnesota Federal Court Discusses Applicability of White Collar Exemptions in the Financial Services IndustryOn March 31, Magistrate Judge John Tunheim of the United States District Court for the District of Minnesota issued a lengthy opinion in several consolidated FLSA actions brought by a group of securities brokers who alleged they were misclassified as exempt under the FLSA. In re Rbc Dain Rauscher Overtime Litig., 2010 U.S. Dist. LEXIS … Continue reading Minnesota Federal Court Discusses Applicability of White Collar Exemptions in the Financial Services IndustryApril 19, 2010 |
Health Care Reform Act Expands Scope of FLSA Retaliation ClaimsJackson Lewis previously advised clients and friends of the Health Care Reform Act’s provision requiring employers to provide employees breaks for breastfeeding: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=2016. (Regulations interpreting such requirements are expected to be issued within the next 6 months.) Also contained in the over two thousand-page enactment is Section 1558, which adds a new Section 18C to the … Continue reading Health Care Reform Act Expands Scope of FLSA Retaliation ClaimsApril 15, 2010 |