Recent Blog Posts
- Managing Workforce Compliance in an Unpredictable World – Attend Our Annual Briefing (NYC, Sept. 14) Continue Reading… When: Thursday, September 14, 2017 8:00 a.m. – 4:30 p.m.
Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019
Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:
Global Executive Compensation
Internal Cyber Threats
People Analytics in Hiring
Wage and Hour
Paid and Unpaid Leave
Trade Secret Misappropriation
We will start the day with two morning Plenary Sessions. The first session is kicked off with Philip A. Miscimarra, Chairman... More
- U.S. Department of Labor Not Defending Obama Administration Overtime Threshold, But Wants Rulemaking Authority to Establish Its Own Threshold Continue Reading… In a much anticipated filing with the Fifth Circuit Court of Appeal in State of Nevada, et a. v. United States Department of Labor, et al, the United States Department of Labor has made clear that it is not defending the Obama Administration’s overtime rule that would more than double the threshold for employees to qualify for most overtime exemptions. However, the Department has taken up the appeal filed by the previous Administration to reverse the preliminary injunction issued blocking implementation... More
- Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken Continue Reading… When an employer pays the minimum wage (or more) instead of taking the tip credit, who owns any tips – the employer or the employee? In Marlow v. The New Food Guy, Inc., No. 16-1134 (10th Cir. June 30, 2017), the United States Court of Appeals for the Tenth Circuit held they belong to the employer, who presumably can then either keep them or distribute them in whole or part to employees as it sees fit. This directly conflicts with... More
- New Minimum Wage Laws Now In Effect In Several California Locales Continue Reading… Not all new laws go into effect on the first of the year. On July 1, 2017, new minimum wage laws went into effect in several locales in California. Specifically:
Emeryville: $15.20/hour for businesses with 56 or more employees; $14/hour for businesses with 55 or fewer employees.
City of Los Angeles: $12/hour for employers with 26 or more employees; $10.50 an hour for employers with 25 or fewer employees.
Los Angeles County (unincorporated areas only): $12/hour for employers with 26 or more employees;... More
- Trump Administration’s DOL Rejects Obama-Era Guidance on Independent Contractor Status and Joint Employment Continue Reading… In a move likely to impact employers in a variety of industries, U.S. Secretary of Labor Alexander Acosta announced on June 7, 2017 that the Department of Labor has withdrawn the Administrator’s Interpretations (“AIs”) on independent contractor status and joint employment, which had been issued in 2015 and 2016, respectively, during the tenure of former President Barack Obama.
The DOL advised that the withdrawal of the two AIs “does not change the legal responsibilities of employers under the Fair Labor Standards... More
- Clarity on California’s “Day of Rest” Provisions – Employment Law This Week Continue Reading… Featured on Employment Law This Week: The California Supreme Court has clarified the state’s ambiguous “day of rest” provisions.
The provisions state that, with certain exceptions, employers will not cause “employees to work more than six days in seven.” The state’s high court addressed three questions about this law that had been certified by the U.S. Court of Appeals for the Ninth Circuit. The court determined that employees are entitled to one day of rest per workweek. So, every Sunday marks... More
- California Supreme Court Gives Employers a Break on “Day of Rest” Laws Continue Reading… It is no secret that California’s wage-hour laws are complex and often raise questions that employers, employees and the courts struggle with. As we wrote here more than a year ago, faced with questions regarding California’s ambiguous “day of rest” laws, the Ninth Circuit Court of Appeals threw up its hands and asked the California Supreme Court to clarify those laws.
Among the questions to be answered was one that impacts a great many employers, particularly those in the retail and... More
- Might New “Comp Time” Bill Actually Pass This Time? Continue Reading… A new “comp time” bill that would dramatically change when and how overtime is paid to private sector employees in many, if not most, jurisdictions has passed the House of Representatives. And unlike similar bills that have been considered over the years, this one might actually have a chance of passing. If it can get past an expected Democratic filibuster in the Senate, that is.
“Comp time” – short for “compensatory time” – is generally defined as paid time off that... More
- Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action? Continue Reading… Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act (“FLSA”) has increased by more than 450 percent, with the vast majority of those cases being filed as putative collective actions. Under 29 U.S.C. § 216(b), employees may pursue FLSA claims on behalf of “themselves and other employees similarly situated,” provided that “[n]o employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a... More
- District Courts in the Third Circuit Enforce Waivers of Class and Collective Arbitration Continue Reading… On April 3, 2017, a federal district court in New Jersey rejected the National Labor Relation Board’s (“NLRB”) D.R. Horton and Murphy Oil holdings and upheld employee waivers of class and collective arbitration. In dismissing wage and overtime claims brought by an employee of Chili’s Grill & Bar, District Judge Noel Hillman ruled that such mandatory arbitration agreements do not violate the National Labor Relations Act. Cicero v. Quality Dining, Inc., et al, 1:16-cv-05806 (April 3, 2017).
Judge Hillman noted the... More