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Category Archives: Wage & Hour

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Interns – Pay Now, or Pay Later

By Natasha Wilson and Sumaya Ellard on Posted in Labor, Wage & Hour

Unpaid summer internships have seemingly always provided mutual benefit to both employers and interns.  Interns have the opportunity to gain experience, build relationships, and learn about a particular career or industry in a “real world” setting, and employers gain support, albeit unskilled, from an enthusiastic worker. However, the legality of the internship relationship is subject… Continue Reading

New York Minimum Wage Heads North

By Robert Bernstein on Posted in Legislation, Wage & Hour

New York State’s minimum wage will gradually increase from the current rate of $7.25 per hour to $9.00 per hour over the next few years.  The wage increases go into effect as follows: $8.00 on or after December 31, 2013; $8.75 on or after December 31, 2014; and $9.00 on or after December 31, 2015.

Taking Care of Business When Hurricanes, Storms and Natural Disasters Hit

By Wendy Lario on Posted in Wage & Hour

Superstorm Sandy dealt employers a hand-full of issues that ranged from wage & hour questions to employee leaves and how to call-in essential employees for business continuity purposes. Our recent Alert, “Taking Care of Business When Hurricanes, Storms and Natural Disasters Hit,” addresses some of the issues that frequently arise during these devastating events.

California Revises its New Commission Contract Requirement

By Monica Baumann on Posted in Compensation, Contracts, State Law, Wage & Hour

In 2011, the California Legislature passed AB 1396 to amend Labor Code section 2751, and require that employers provide employees with a contract detailing the method by which commission, when applicable, would be computed and paid to employees.  The contract requirement is set to go into effect on January 1, 2013, and applies to in-state… Continue Reading

Brinker Restaurant Corporation v. Superior Ct.: The Takeaway on Meal and Rest Period Rules and Claims

By Justin Keith on Posted in Wage & Hour

In Brinker Restaurant Corporation v. Superior Ct., the California Supreme Court clarified the nature of an employer’s duty to “provide” employees with meal breaks, as well as the timing requirements of meal and rest periods. In ruling on whether the classes were properly certified, the decision also raised issues regarding whether claims with disputed elements… Continue Reading

Comment Period on DOL’s Proposed Changes to ‘Companionship Exemption’ Set to Close on March 21, 2012

By Justin Keith on Posted in FLSA, Wage & Hour

The extended period to submit comments on the Department of Labor’s proposed rules affecting the FLSA’s “companionship exemption” is set to close on March 21, 2012. The comment period had originally been set to expire on February 27, 2012, but was extended for two weeks in late February, and then for another nine days in early March.

Individual Liability for Wage and Hour Claims

By Eric Sigda on Posted in Wage & Hour

It sometimes gets lost in the shuffle, but individual owners also may be liable for damages in wage and hour claims just as much as the company.  Take the recent case of Torres, et al. v. Gristede’s Operating Corp., et al., 04-CV-3316 (S.D.N.Y. Sept. 9, 2011).   Gristede’s is a large supermarket chain located in New… Continue Reading

Ninth Circuit Rules That State Social Workers Are Not “Learned Professionals” Exempt from Overtime Pay

By GT Labor & Employment Team on Posted in Wage & Hour

On September 9, the Ninth Circuit ruled that Washington State social workers are not “learned professionals” exempt from FLSA overtime pay requirements, despite “rigorous” educational and training requirements for the positions (Solis v. Washington).  Candidates for the position of Social Worker 2 were required to have a bachelor’s degree in social services, human services, behavioral… Continue Reading

NLRB Guidance on Social Media Activities

By Eric Sigda on Posted in Labor, Wage & Hour, Workplace Safety

We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions… Continue Reading

Exotic Dancers not Employees under Nevada Wage Laws

By Tami Cowden on Posted in Wage & Hour

A victory for the defense in Terry v. SHAC, LLC, d/b/a/ Sapphire Gentlemen’s Club, as a state court in Nevada ruled that exotic dancers who performed there were not employees of the club. The dancers contracted individually with the club pursuant to a rental agreement, under which a dancer paid flat fees to the club on… Continue Reading

21st Century Digital DOL Releases Timesheet Application

By GT Labor & Employment Team on Posted in Wage & Hour

Under the Fair Labor Standards Act employers are clearly required to track and record their employees’ hours worked. On May 9, 2011, the United States Department of Labor introduced a new smartphone timesheet application that provides individual employees the ability to track their hours worked and calculate their respective compensation for those hours. Might this new smartphone application, however, create… Continue Reading

New FLSA Regulations to Take Effect May 5, 2011

By GT Labor & Employment Team on Posted in Wage & Hour

The new regulations interpreting the Fair Labor Standards Act (FLSA) will take effect May 5, 2011. Published earlier this month by the Wage and Hour Division of the U.S. Department of Labor (DOL), the final amendments to the regulations provide employers with much needed clarification on taking tip credits and constructing valid tip pooling arrangements. The… Continue Reading

CHANGES IN THE LABOR LAW – Wage Theft Prevention Act (WTPA) Notice of Rates of Pay and Regular Payday

By Jeffrey Burns on Posted in State Law, Wage & Hour

The NY State Department of Labor is requiring all private sector employers to provide notices to employees effective April 9 (this Saturday) relating to wage rates and other payroll information. The information which must be included is listed below. The Department of Labor has created a template notice, which may be used. In addition, the… Continue Reading

New York Employers: Are You Ready For The New Wage Theft Prevention Act?

By Jonathan Israel on Posted in State Law, Wage & Hour

On December 13, 2010, Governor Patterson signed the New York State Wage Theft Prevention Act (the "WTPA"), a new law that amends New York Labor Law and purports to offer workers greater protection from wage law violations by (i) requiring employers to give employees more detailed wage payment information in writing, and (ii) increasing the… Continue Reading

Worker Misclassification: Does Action By Attorney General Cuomo Portend Even Greater Enforcement Activity In New York Under A Governor Cuomo?

By Jonathan Israel on Posted in Litigation, State Law, Wage & Hour

In prior articles and blog entries, we have reported on the ever-increasing and intense focus of federal and state government on issues of worker misclassification, as lawmakers and agencies around the country have heightened enforcement activity and potential penalties against businesses suspected of misclassifying employees as independent contractors.  New York State has been leading the charge… Continue Reading

Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime

By GT Labor & Employment Team on Posted in Litigation, Wage & Hour

  On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the outside sales employees or administrative exemptions. Employers who treat outside salespersons as exempt under either exemption may want to reexamine their policies in light of the… Continue Reading

New DOL interpretation of the term “clothes” under Section 3(o) of the FLSA

By Justin Keith on Posted in Wage & Hour

From Christina T. Tellado of GT Philadelphia. Thanks and Welcome To Christina! The DOL’s second Administrator’s Interpretation provides an analysis of what constitutes “clothes” under Section 203(o) of the FLSA. Section 203(o) excludes time spent by employees donning and doffing “clothes” or washing time from compensable hours worked where such time is either explicitly addressed… Continue Reading

The Franchise Relationship: A New Front in the Attack on Worker Misclassification?

By Jonathan Israel on Posted in Legislation, Litigation, State Law, Wage & Hour

It is no secret:  Cash-strapped federal and state governments have been stepping up enforcement and increasing penalties against businesses that misclassify employees as independent contractors and exposing these businesses to additional employment-related liabilities for wage and overtime pay, health, welfare and retirement benefits, and income and employment tax contributions and withholding.  We have been watching… Continue Reading

DOL Scraps Opinion Letters in Favor of Administrator Interpretations

By Michael Mason on Posted in Wage & Hour

After many years of issuing and publishing “opinion letters” interpreting the Fair Labor Standards Act, the Wage and Hour Division of the Department of Labor announced in March that it has stopped this practice, and will instead begin issuing “Administrator Interpretations.” Rather than responding to specific questions raised by employers — as it did in the old… Continue Reading