Category Archives: Wage and Hour

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California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5 allowing waivers even when employees work over 12 hours was invalid.  Following two more years of … Continue Reading

*UPDATE* New York State Department of Labor’s Direct Deposit and Debit Card Notice Regulations Held Invalid and Revoked

As we previously reported here, the New York State Department of Labor (“NYSDOL”) issued final regulations in September 2016 imposing new notice and consent requirements on employers who pay wages via direct deposit and debit card.  The regulations, which were scheduled to take effect on March 7, 2017, have been invalidated and revoked by the … Continue Reading

U.S. Supreme Court to Decide Class Action Waiver Divide

On January 13, 2017, the United States Supreme Court consolidated and granted review of the three following cases involving the legality of arbitration agreements which contain class action waivers:  National Labor Relations Board v. Murphy Oil USA, Inc., from the 5th Circuit, Epic Systems Corp. v. Lewis, from the 7th Circuit, and Ernst & Young … Continue Reading

Supreme Court Holds That Rest Periods Must Be Free From Duties And Employer Control

On December 22, 2016, the California Supreme Court issued a critical decision in Augustus v. ABM Security Services, Inc., 2016 D.J. 12608 (2016), relating to California’s rest period obligations.  The California Supreme Court declared that state law prohibits on-duty and on-call rest periods.  It stated that employers must (1) relieve their employees of all duties … Continue Reading

Update: New York State Department of Labor Proposes Increases to Overtime Exempt Salary Threshold

[UPDATE] On December 29, 2016, the New York State Department of Labor (“NYSDOL”) adopted its proposed rule increasing overtime exempt salary thresholds for New York employees. The new rule is set to take effect in just two days on December 31, 2016. The NYSDOL made no changes to the version of the proposed rule published … Continue Reading

California Employers – New Year, New Rules in 2017

The new year will bring along a variety of new obligations for California employers.  Although some of the new laws clarify existing law and provide helpful guidance, several impose additional requirements.  This update highlights key provisions of some of the more notable changes taking effect in 2017.  Links to the statutes and/or prior updates regarding … Continue Reading

Texas Federal Court Blocks New Salary Restrictions for Exempt Employees

On November 22, 2016, a federal court in the Eastern District of Texas issued a preliminary injunction blocking the Department of Labor from enforcing new regulations that would have drastically reduced the number of white collar employees who are exempt from overtime.  The disputed regulations were set to take effect on December 1.… Continue Reading

New York State Department of Labor Proposes Increases to Overtime Exempt Salary Threshold

[UPDATE] On December 29, 2016, the New York State Department of Labor (“NYSDOL”) adopted its proposed rule increasing overtime exempt salary thresholds for New York employees. The new rule is set to take effect in just two days on December 31, 2016. The NYSDOL made no changes to the version of the proposed rule published … Continue Reading

New York State Department of Labor Issues Final Wage Regulations Imposing New Notice and Consent Requirements on Direct Deposit and Debit Card Wage Payments

Effective March 7, 2017, employers who pay wages via direct deposit and/or payroll debit card will need to comply with more stringent requirements.  The New York State Department of Labor (the “NYSDOL”) recently issued final regulations governing the methods that New York employers may use to pay most “non-exempt” employees.  The regulations impose a number … Continue Reading

Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees

On July 22, 2015, Governor Brown signed AB 2535 that clarifies which employees for whom an employer must track hours worked and record those hours on their wage statements.  The bill will become effective January 1, 2017. Prior to this amendment, Labor Code section 226 required that an employee’s paystub include hours worked for all … Continue Reading

New PAGA Amendments Fail to Substantively Address Employers’ Concerns

Governor Brown recently approved Senate Bill No. 836, which amends the Private Attorneys General Act (“PAGA”) in a few minor technical ways, including new filing and notice requirements.  Although employers had hoped for substantive changes following the Governor’s initial budget proposal which expressly acknowledged that “employers are being sued and incurring substantial costs defending against … Continue Reading

Enactment of Los Angeles and San Diego Minimum Wage and Paid Sick Leave Ordinances Requires Employers to Reassess Their Policies

The cities of Los Angeles and San Diego recently approved minimum wage and sick leave ordinances that will apply to all employees who work within those cities’ geographical limits.  Employers with employees who work in these cities will need to comply with those new ordinances, as well as the California state law requirements that already … Continue Reading

Seventh Circuit Holds Class Action Waivers are Unlawful and Unenforceable Creating a Circuit Split

On May 26, 2016, in the matter of Lewis v. Epic Systems Corporation, the U.S. Court of Appeals for the Seventh Circuit held that an arbitration agreement, which required employees to submit to individual arbitration for any wage and hour claims against the company, violates the National Labor Relations Act (“NLRA”) and is unenforceable under … Continue Reading

DOL Makes Last-Minute Tweaks to New Overtime Exemption Rules

In March 2014, President Obama signed an executive order directing the Department of Labor to revise its aging rules governing overtime pay for white collar employees.  The Department solicited comments from the public on an earlier draft in July 2015.  Yesterday, the Department of Labor released the final version of the new rules.  The new … Continue Reading

Onward and Upward – California’s Minimum Wage And Paid Family Leave Benefits Set To Increase Substantially Over The Next Few Years

April 2016 has proven fruitful for California employees.  Last month, Governor Brown approved a series of gradual increases raising the statewide minimum wage rate in California to at least $15.00 by 2022.  A week later the Governor approved Assembly Bill No. 908, which revises the income-based formula to calculate benefits for a leave of absence … Continue Reading

U.S. Supreme Court’s Tyson Foods v. Bouaphakeo Opinion Reaffirms The Importance Of Challenging Plaintiff’s Experts In Class Actions

On March 22, 2016, the United States Supreme Court decided Tyson Foods, Inc. v. Bouaphakeo, et al., No. 14-1146, a class action under Rule 23 of the Federal Rule of Civil Procedure (“Rule 23”) and a collective action under the Fair Labor Standards Act (“FLSA”).  The issue on appeal involved the extent to which statistical … Continue Reading

Higher Pay and More Sick Leave Coming to Santa Monica Employees

Continuing the trend of increasing minimum wages throughout California and the country, the Santa Monica City Council voted to approve a minimum wage ordinance, which becomes effective on July 1, 2016. The ordinance is similar to that passed in the city of Los Angeles and includes phased increases of minimum wage for employees within the … Continue Reading

New Jersey’s Equal Pay Bill Could Increase Liability for Employers

On February 11, 2016, the New Jersey Senate passed a new bill (S992) (the “Bill”) in an effort to undo the often-discussed gender pay gap.  The Bill would enhance unequal pay claims under the New Jersey Law Against Discrimination (the “LAD”) and extend the statute of limitations for those claims.  The vote was 28-to-4 in … Continue Reading

Ninth Circuit Limits Tip Pooling to Customarily Tipped Employees

In a decision with important implications for employers throughout the service industry, the federal Ninth Circuit Court of Appeals ruled on February 23 that employers cannot implement policies requiring tipped employees to share their tips with untipped employees. The 2-1 decision in Oregon Restaurant & Lodging Assoc. v. Perez, — F.3d –, No. 13-25765 (9th … Continue Reading

Supreme Court Holds that Rejected Rule 68 Offer of Judgment Does Not Moot Class Action

On January 20, 2016, the United States Supreme Court rejected a strategy recently used by some defendants to defeat class actions in their infancy. In Campbell-Ewald Co. v. Gomez, No. 14-857 (2016), a majority of the Court held that an unaccepted Rule 68[1] offer of judgment to a representative class action plaintiff does not moot … Continue Reading

EEOC Proposes New Pay Data Reporting Requirements for Employers

The United States Equal Employment Opportunity Commission (“EEOC”) has published proposed revisions to the requirements associated with the Employer Information Report (EEO-1). The EEO-1 already requires employers with more than 100 employees to provide certain employment information to the federal government, including the ethnic, racial and gender breakdown of their employees.  The proposed revisions would … Continue Reading

New Year, New Rules for Employers Doing Business in New Jersey

This past year New Jersey state and local legislatures implemented several employment laws that are set to take effect at the end of 2015 or in early 2016. This update summarizes these new legal requirements to help New Jersey employers prepare and comply in 2016.… Continue Reading
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