Showing 20 posts in Wages.

The 12 days of California Labor & Employment Series – Day 3: "Electronic Notice"—Worth it?

December 8, 2021 by Mellissa A. Schafer

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this third day of the holidays, my labor and employment attorney gave to me: three French hens and SB 657. More ›

California Appeals Court Confirms Constitutionality of Piece-Rate Compensation Statute

January 12, 2019 by Hinshaw & Culbertson LLP

In Nisei Farmers League vs. California Labor and Workforce Development Agency, California’s Fifth Appellate District confirmed the constitutional validity of Labor Code section 226.2, a recently enacted law providing that employees paid on a piece-rate basis must be paid at least minimum wage, and must be paid for rest and recovery periods and “other nonproductive time” separate from any piece-rate compensation. Under a piece-rate system, employees are not paid by the hour, but rather based on activities, task or units of production completed. For example, employees are paid by the number of widgets they produce. The goal of the statute was to make sure employers who pay under a piece-rate system also comply with all minimum wage law requirements that apply to hourly workers. More ›

Department of Labor Removes 80-20 Tipped Work Rule

November 9, 2018 by Hinshaw & Culbertson LLP

The federal Department of Labor’s Wage and Hour Division (WHD) provided updated guidance on its application of the “tip credit” rule for tipped employees who perform non-tip-generating tasks. More ›

Massachusetts Employees Need Not Wait 90 Days to File Wage Act Claim Says 1st Circuit

July 5, 2018 by Hinshaw & Culbertson LLP

In Lawless v. Steward Health Care System, LLC, the First Circuit Court of Appeals recently considered a novel question: whether an employee suing for violation of, M.G.L. c. 149, §§ 148, 150 (the “Wage Act”), could recover under the statute despite filing her lawsuit before receiving permission from the Attorney General or waiting 90 days after notifying the Attorney General of her claims. It answered the question yes, rejecting the employer’s position that the Wage Act provided for a grace period of up to 90 days. More ›

California Court Okays Hour Rounding Policy

June 26, 2018 by Linda K. Horras

In  AHMC  Healthcare,  Inc.  v.  Letona,  decided  earlier  this  week,  a  California  state  of  appeals  court  considered  an  employer's  use  of  a  time  clock  rounding  system  and  whether  it  violated  California  Labor  Law.  While  it  is  a  California  case,  it  rests  on  the  federal  regulation  governing  time  rounding  found  in  29  CFR  §  785.48  and  is  thus  an  instructive  case  for  all  employers  who  use  or  are  thinking  about  adopting  a  rounding  policy.  More ›

Labor Department Provides Guidance on Compensating Employee Travel Time

April 22, 2018 by Hinshaw & Culbertson LLP

The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The technicians did not work at a fixed location or a fixed daily schedule. They worked 8 to 16 hours per day at various locations. Sometimes they stayed in hotels overnight or traveled out of town for training courses. The employer provided technicians company vehicles, which they could use for both work and personal purposes. More ›

Massachusetts Attorney General Provides Guidance On Equal Pay Law

March 23, 2018 by Hinshaw & Culbertson LLP

Recently, the Massachusetts Attorney General, Maura Healey, issued guidance to assist employers in complying with the state’s Equal Pay Act (“MEPA”), which goes into effect on July 1, 2018. The 30-page guidance is comprehensive, offering an overview of the law, responses to frequently asked questions, a self-evaluation for employers, and a sample checklist of policies and practices. Due to its length and breadth, the guidance should be reviewed by employers in full. However, we note the following important aspects: More ›

The Unringing of the Bells, Part Two: The DOL

January 19, 2018 by Hinshaw & Culbertson LLP

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the more notable developments: More ›

Florida Increasing State Minimum Wage by Two Percent

October 19, 2017 by Hinshaw & Culbertson LLP

While advocates across the country continue to demand states increase their minimum wage to $15.00 per hour, Florida decided to forgo large scale reform and increase its minimum wage by only two percent.  Effective January 1, 2018, Florida’s minimum wage will increase by 15 cents from $8.10 to $8.25 per hour.  Florida’s minimum wage for tipped employees will also increase by 15 cents from $5.08 to $5.23 per hour. To put this in perspective, a year earlier, Florida increased its minimum wage by five cents from $8.05 to $8.10 per hour, while tipped employees received an increase from $5.03 to $5.08 per hour. More ›

New York Crosses the Finish Line to Ban Inquiries into Applicant Wage History

May 9, 2017 by Hinshaw & Culbertson LLP

On May 4, 2017, New York City Mayor Bill de Blasio signed into law, Intro No. 1253-2016, amending the New York City Human Rights Law to restrict an employer’s ability to ask job applicants about their compensation history during the hiring process. The law will take effect on October 31, 2017. More ›

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