HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Category Archives: Wage & Hour

Subscribe to Wage & Hour RSS Feed

Secretary of Labor Withdraws Previous Guidance on Joint Employment and Independent Contractors

Posted in Fair Labor Standards Act, Wage & Hour
In a Department of Labor news release yesterday, new U.S. Secretary of Labor Alexander Acosta announced the withdrawal of two Obama-era Administrator Interpretations, effectively rolling back the scope of the Fair Labor Standards Act and its application to joint employment and independent contractors.  These two interpretations, issued by the former Administrator of the DOL’s Wage… Continue Reading

Say “So Long” to Salary History Inquiries: Philadelphia Set to Become the First City to Ban Employers from Asking Job Applicants about Prior Earnings

Posted in Uncategorized, Wage & Hour, Wage Equity Ordinance
For over fifty years, federal legislation has prohibited wage discrimination based on gender. Specifically, the Equal Pay Act of 1963 requires equal pay for equal work performed by men and women working in the same establishment. Despite the federal protections for pay equity, there remains an obvious wage gap between men and women. Although women… Continue Reading

Win, Lose or Draw? How will the 2016 Election Impact Your Business

Posted in Fair Labor Standards Act, Immigration, NLRB, Uncategorized, Wage & Hour
On Wednesday, October 26, 2016, Obermayer Rebmann Maxwell & Hippel’s Labor Relations and Employment Department will host a discussion on the upcoming presidential race and what employers can expect from a Democratic or Republican victory.  The stakes are high this year as labor relations, overtime rules, the FLSA, immigration and other areas could all see major… Continue Reading

US DOL AND PA DOL PARTNER TO PREVENT EMPLOYEE MISCLASSIFICATION

Posted in Fair Labor Standards Act, Wage & Hour
On August 4, 2016, the U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry (“PA DOL”) signed a memorandum of understanding  (MOU) to coordinate efforts, by sharing information and conducting joint investigations on employers who may be violating one or more of the state or federal wage and hour laws that… Continue Reading

NJ Minimum Wage Increase on Hold – For Now

Posted in New Jersey Law, Wage & Hour
As predicted by HR Legalist in May, New Jersey Governor Chris Christie has vetoed a democratic-backed measure that would have gradually increased New Jersey’s minimum wage from $8.38 to $15 per hour over a four-year period.  In today’s veto message from a grocery store in Pennington, NJ, and in a press release, the Governor paraphrased… Continue Reading

Supreme Court Criticizes Labor Department for Arbitrary Overtime Regulations

Posted in Fair Labor Standards Act, Wage & Hour
The Supreme Court ruled on June 20, 2016, that the U.S. Department of Labor’s (“DOL”) 2011 regulation removing a long-standing exemption to overtime pay  for auto service advisors was “procedurally defective.”  In a 6-2 opinion, the Court stated the DOL failed to follow the correct procedures in issuing a regulation by not giving adequate reasons… Continue Reading

Trick or Treat: Can Employers Face Liability for Celebrating Halloween in the Workplace?

Posted in Religious Discrimination, Wage & Hour, Workplace Policies
Halloween celebrations in the workplace can be a treat for employees but the trick is in the employer’s execution. Costumes present a particularly tricky issue because well-intentioned “creativity” can quickly deteriorate into an employee relations nightmare. Employers should also be mindful that employees must have the option not to participate because certain religions prohibit the… Continue Reading

State Law Wage & Hour Resource: You’ll Need It!

Posted in Wage & Hour
You thought that figuring out, and staying on top of, the federal Fair Labor Standards Act was tough. Well, don’t forget that you must comply with state wage and hour laws as well. Sure, the FLSA is quite nuanced and complex; but each state may have subtle differences when compared to the FLSA. As an… Continue Reading

FLSA Refresher: DOL’s Wage and Hour Rules for Tipped Employees

Posted in Wage & Hour
Temperatures aren’t the only thing on the rise this summer. Wage and hour lawsuits brought by service industry employees are heating up—particularly in the food service and hospitality sectors—leading to significant and costly legal exposure. In response, the U.S. Department of Labor (DOL) implemented strict rules regarding tipped employees as part of its aggressive stance… Continue Reading

Hiring an Unpaid Intern for the Summer? Five Legal Guidelines to Avoid a FLSA Violation

Posted in Wage & Hour, Workplace Policies
With summer vacation around the corner, many companies are looking to hire unpaid interns. If your company is considering an unpaid internship, be sure to carefully structure the internship to avoid running afoul of the Fair Labor Standards Act (“FLSA”). A few general principles may be gleaned from recent court decisions in which courts have… Continue Reading

Employee Pay on a Snow Day

Posted in Wage & Hour
With the Eastern half of the United States bracing for heavy snow and freezing temperatures this week, many employers will close businesses due to icy and snowy road conditions. Employers must be mindful, however, that a snow day for the business does not necessarily mean an employee does not get paid for the day. An… Continue Reading

What is the Minimum Wage Law in Your State?

Posted in Wage & Hour
Although the federal minimum wage will remain unchanged at $7.25 per hour for non-tipped employees ($2.13 per hour for tipped employees), thirteen states have raised pay for minimum wage workers in 2014. Further, eleven states—Arizona, Colorado, Florida, Missouri, Montana, Nevada, New Jersey, Ohio, Oregon, Vermont, and Washington—index the minimum wage so that it adjusts automatically… Continue Reading

’Tis the Season To Review Holiday Pay Practices & Employee Requests for Time-Off

Posted in Wage & Hour, Workplace Policies
With Thanksgiving coinciding with Hanukkah this year and Christmas fast-approaching, employers should review carefully their obligations regarding requests for time-off and holiday pay practices.  Specifically, the latter requests often trigger employer responsibilities under the Fair Labor Standards Act (“FLSA”), Title VII of the Civil Rights Act (“Title VII”), and the Family Medical Leave Act (“FMLA”).  The… Continue Reading

Wage & Hour Words of Wisdom: Beware of “Connectivity” Overtime for Non-Exempt Employees

Posted in Wage & Hour
The explosion of smartphones and ease of remote connectivity has fundamentally changed the landscape of the workplace, but is it all positive for employers?  Not so fast—despite productivity enhancements, beware of the increased potential wage and hour risks.  Modern technology has created a virtual 24/7 connectivity for employees that arguably is out of control.  There… Continue Reading