Labor and Employment Law Blog

2023: The Year Pay Transparency Becomes a Much Bigger Deal

The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings.  Colorado was first on the scene in 2021.  Since then, California and Washington have adopted new […]

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Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements

On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin Beaton’s decision to decline judicial review of the parties’ FLSA settlement is significant because courts […]

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COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here to continue reading.

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Of Counsel

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are they a “retail or service establishment?” Click here to continue reading.

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New Senate Bill Seeks to Expand Protections for Nursing Mothers

Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” [1] Employers are also required to […]

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U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation

On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate employees’ overtime pay. According to the DOL’s press release, this new rule “marks the first significant update to the regulations […]

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Nevada’s New Employment Laws in 2020

Nevada has undergone a significant transformation regarding the legal landscape affecting Nevada’s Employers. Several of these new laws have just recently gone into effect or are slated to go into effect at the beginning of the new year. Click here for some of the recent changes that Nevada employers should know about.

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Partner

The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision

On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a worker is an independent contractor or employee for purposes of certain wage and hour rights. […]

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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation

Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt employees’ regular rate for purposes of calculating overtime pay. This costly mistake can lead to […]

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions overturned previous rulings that the time spent by employees in post-shift security screens was not […]

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