HR Legalist

HR Legalist

Employment Law Updates
& Best Practices for Employers

Category Archives: Wage & Hour

Subscribe to Wage & Hour RSS Feed

Don’t Be Spooked: New Jersey’s Paid Sick Leave Law Takes Effect on October 29, 2018

Posted in Employee Benefits, Employee Leave Management, Labor Relations, Paid Sick Leave, Reasonable Accommodation, Wage & Hour, Wellness Plans, Workplace Policies
Earlier this year, HR Legalist posted a blog entry about the New Jersey Earned Sick Leave Law.  This new law (full text available here) takes effect on October 29, 2018 and requires most private sector employers in New Jersey to provide paid sick leave to its New Jersey employees.  But don’t let this scare you.  We’ve… Continue Reading

In a Win for Employers, Ninth Circuit Upholds Arbitration Clause in UBER Misclassification Lawsuit

Posted in Employment Agreements, General Labor and Employment News and Updates, Labor Relations, New Jersey Law, Wage & Hour
On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors.  In O’Connor v. Uber, the court avoided the central issue of the proper classification of drivers by ruling that drivers suing for… Continue Reading

Pennsylvania Supreme Court to Review Fluctuating Workweek Method for Overtime Compensation

Posted in Fair Labor Standards Act, Overtime, State Law, Wage & Hour
The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week.  The FWW method has two components that reduce the amount of overtime payments due to eligible employees: (1) the “regular rate” used to compensate the… Continue Reading

Department of Labor Adopts More Employer-Friendly Standard for Unpaid Internships

Posted in Unpaid Interns, Wage & Hour
The Fair Labor Standards Act (“FLSA”) mandates the payment of minimum wage and overtime to employees in most US workplaces.  However, when it comes to unpaid educational internships, the FLSA does not include a helpful definition or standard to determine when an employer is excused from paying wages.  In the absence of guidance from Congress,… Continue Reading

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to their… Continue Reading

New Jersey Update: What Phil Murphy’s Election Could Mean for Employers and Employees

Posted in Discrimination, Employee Leave Management, Government, Medical Marijuana, Minimum Wage, New Jersey Law, Wage & Hour
Yesterday, Democrat Phil Murphy won the race for New Jersey governor, easily defeating Republican Kim Guadagno. Democrats also retained their majorities in both the state Senate and Assembly.  When Murphy is sworn in next January, he will have the opportunity to change laws impacting the workplace.  Here are some areas for employers and employees in… Continue Reading

A Wage and Hour Time Bomb: Case Highlights the Scope of FLSA’s “Fluctuating Workweek” Method for Paying Overtime

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
There are still quite a few unsettled questions regarding the details of how overtime compensation must be calculated and paid to employees under the Fair Labor Standards Act (FLSA).  Within these grey areas, collective and class actions thrive. The recently approved multi-million dollar settlement agreement in Acevedo v. BrightView Landscapes, LLC,[1] a hybrid collective/class action… Continue Reading

Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

Posted in Fair Labor Standards Act, Misclasification, Overtime, Wage & Hour
On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers alleged that Uber… Continue Reading

Wage and Hour Update: Third Circuit Clarifies Standard for Showing Willful Violations in FLSA Overtime Claims

Posted in Fair Labor Standards Act, Wage & Hour
The Fair Labor Standards Act (FLSA) requires that employers pay time-and-a-half overtime to all non-exempt employees who work more than 40 hours in a workweek. Employers who fail to pay overtime may be liable for both the amount of unpaid overtime and liquidated (double) damages. The statute of limitations for FLSA claims is two years… Continue Reading

Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

Posted in Fair Labor Standards Act, Government, Wage & Hour
On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor Standards Act (“FLSA”), to over $47,000 per year.  In fact, this is the second time that the Eastern District… Continue Reading

Wage and Hour Update: DOL Proposes Changes to FLSA Tip-Pooling Rule

Posted in Wage & Hour
On July 20, 2017, the U.S. Department of Labor (“DOL”) announced that in August it plans to propose rescinding current restrictions on tip-pooling by employers who pay tipped employees the full minimum wage directly.  Under the current rule, tips are considered employee property and cannot be distributed to other workers or retained by the employer,… Continue Reading

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

Posted in General Labor and Employment News and Updates, Wage & Hour
For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made millions of additional employees eligible for time-and-a-half overtime for hours worked over 40 per week.  Last fall, that rule was blocked… Continue Reading

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

Updated New Jersey Poster Required – Minimum Wage Increase Coming!

Posted in Uncategorized, Wage & Hour
An updated Wage and Hour Law Abstract poster has recently been issued by the New Jersey Department of Labor and Workforce Development. The poster now reflects the new minimum wage of $8.38, which is effective January 1, 2015—this is an increase of 13 cents an hour from the current minimum wage of $8.25. Employers are… 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