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Wages & Hours

New NLRB rule clarifies ‘joint employer’ status

02/27/2020
The National Labor Relations Board has issued a final rule ending years of confusion about what constitutes a joint employer in the context of the National Labor Relations Act.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Comply with the law when requiring employees to work overtime

02/18/2020
In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.

Long Island restaurants must serve up $365k in back pay

02/18/2020
The U.S. Department of Labor’s Wage and Hour Division has ordered the owners of three Long Island restaurants to pay 79 employees $365,000 in back pay and liquidated damages.

Labor Department issues two new wage-and-hour opinion letters

02/07/2020
In January, the Department of Labor’s Wage and Hour Division issued two opinion letters addressing wage-and-hour issues under the Fair Labor Standards Act. One involves discretionary bonuses while the second addresses whether some extra payments for exempt workers may affect their exemptions.

AB 5—California’s new independent contractor law—comes under fire

02/03/2020
Opponents of California’s controversial new independent contractor law, AB 5, have moved to get a competing law on the ballot. They fear that if gig workers became employees, as they would under AB 5, it would raise some employer costs an estimated 30%.

California employees can collect penalties for unpaid wages

02/03/2020
A new amendment to Labor Code Section 210 allows employees to recover civil penalties without going through the Labor Commissioner.

EPA vs. Title VII: Court lowers standard needed to prove pay discrimination

01/28/2020
The 2nd Circuit Court of Appeals, which covers New York employers, has made it easier for workers to prove they were paid less because of sex discrimination.

Joint employer? 3 scenarios to help you decide

01/23/2020
The new Department of Labor joint-employer rule that takes effect March 16 will make it less likely that more than one employer will be held liable for the same federal wage-and-hour violation. Here are three scenarios that illustrate how the rule will apply.