Recent Blog Posts
- Why Not Just Make Everybody Hourly? Continue Reading… For more than 80 years, federal law has provided a general right to premium pay for working overtime hours, originally just for covered employees, then later for employees of covered enterprises. The laws of more than 30 states contain a comparable requirement, though in some instances differing in the particulars.
This presumptive right to the overtime premium is, of course, subject to the familiar exemption construct whereby individuals whose employment satisfies one or more of the dozens of exempted categories fall... More
- Epstein Becker Green’s Free Wage-Hour App Includes 2021 Changes to Federal, State, and Local Laws Continue Reading… Years ago, Epstein Becker Green (“EBG”) created its free wage-hour app to put federal, state, and local wage-laws at employers’ fingertips.
The app provides important information about overtime exemptions, minimum wages, overtime, meal periods, rest periods, on-call time, travel time, and tips.
As the laws have changed, so, too, has EBG’s free wage-hour app, which is updated to reflect new developments.
No fewer than 46 states (or the localities within them) had changes to their overtime, minimum wage, or child labor laws effective January 1,... More
- The Department of Labor Ends Its Payroll Audit Independent Program Continue Reading… On January 29, 2021, the U.S. Department of Labor announced the immediate termination of its Payroll Audit Independent Determination Program (PAID). Launched in March 2018 by the Wage and Hour Division (WHD), PAID was intended to resolve wage and hour disputes with greater expediency and at lower cost to employers. However, in the WHD’s press release, Principal Deputy Administrator Jessica Looman indicated that the program had not achieved the desired effect, stating that the PAID “program deprived workers of their... More
- California Supreme Court Concludes That Dynamex Applies Retroactively Continue Reading… As we have previously written here, the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California were properly classified as independent contractors, creating a new “ABC” test that has subsequently been codified as AB 5. A significant question left open was whether Dynamex would apply retroactively.
In Vasquez v. Jan-Pro Franchising International, Inc., the California Supreme Court has concluded that Dynamex indeed applies retroactively. Rejecting an argument that the “ABC” test created... More
- Time Is Money: A Quick Wage-Hour Tip on … a New President Continue Reading… At the time we are posting this, we are just weeks away from the inauguration of President-Elect Joseph Biden. Although perhaps not at the very top of the list of questions about the forthcoming Biden administration, somewhere on the list has to be this question: “What changes will we see in wage-hour law?”
We don’t have the proverbial crystal ball, but there are a number of issues that the Biden administration may focus on at some point during the next four... More
- California Voters Pass Proposition 22, Allowing App-Based Ride Share and Food Delivery Companies to Treat Drivers as Independent Contractors Continue Reading… As we have written here before, ride share and food delivery companies doing business in California had a lot at stake in the November 3, 2020 election. In fact, it was possible that those businesses might even cease doing business in California depending on the outcome of the election – or dramatically change their business models in the state.
Specifically, on November 3, 2020, California voters were asked to decide the fate of Proposition 22, the ballot initiative that would remove... More
- California Election Day Stakes for Ride Share Companies Just Got Higher After Appellate Ruling Continue Reading… November 3, 2020 has been circled on the calendars of app-based ride share and food delivery companies doing business in California for many months now. After a new ruling by the California Court of Appeal, those companies have likely gone back and circled that date a few more times in thick red ink.
On November 3, 2020, California voters will decide the fate of Proposition 22, the ballot initiative that, if passed, will allow app-based ride share and food delivery companies... More
- November Elections May Decide Fate of Gig Worker Classification Regulations Continue Reading… We recently authored “Elections May Decide Fate of Gig Worker Classification Regs,” the first of a series of articles on wage and hour issues for Law360. Subscribers can access the full version here – following is an excerpt:
As the gig economy has grown, so too have questions about it. One of the most consequential questions in the past several years has been whether workers in the gig economy are properly classified as independent contractors for purposes of various federal and state... More
- California Adds More Exemptions to Controversial Independent Contractor Statute Continue Reading… We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor. As we explained here, AB5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or as independent contractors.
While the statute was unambiguously aimed at ride share and food delivery companies... More
- Ninth Circuit Conclusion That Amazon Delivery Drivers Don’t Need to Arbitrate Their Claims Under FAA’s “Transportation Worker” Exemption Highlights Conflict Among Courts Continue Reading… Given the ever-increasing number of wage-hour class and collective actions being filed against employers, it is no surprise that many employers have turned to arbitration agreements with class and collective action waivers as a first line of defense, particularly after the United States Supreme Court’s landmark 2018 Epic Systems v. Lewis decision.
If there is a common misconception about Epic Systems, however, it is that the Supreme Court concluded that all arbitration agreements with all employees are enforceable under all circumstances. ... More