Menu

Showing 26 posts in Wage & Hour.

TREND WATCH: Philadelphia Becomes the First City in America to Ban Inquiries into a Job Applicant’s Wage History

On Monday, with the signing of the Philadelphia Wage Equity Ordinance, the city's Fair Practices Ordinance was amended to prohibit employers from asking about an applicant's wage history at any point during the hiring process, making Philadelphia the first City to enact such a prohibition.  More ›

Join Us October 20, 2016 for Hinshaw's 21st Annual Labor & Employment Seminar

It's that time of year again! School's back in session, the leaves are starting to change, and Hinshaw is putting on its annual Labor & Employment Seminar! Thursday, October 20th is the big day in Hoffman Estates, Illinois. Have you been wondering... More ›

Seventh Circuit Upholds Tip Credit Pay for Related, Non-Tipped Duties

As those in the restaurant industry know well, federal and state law allow employers to pay tipped employees less than the required minimum wage with the expectation they will receive enough tips to make up the difference. This is referred to as a "tip credit." There has long been a battle within wage and hour suits over whether and when an employee paid under the tip-credit can still be paid the below minimum wage rate while performing "side-work" or non-serving duties that do not directly result in tips from customers. In a decision issued on July 15, 2016, the Seventh Circuit helped clarify the line, finding that an employer did not violate wage laws by paying its servers under the tip credit for side work those servers performed. More ›

Overtime Exemptions Shrink

The hour has arrived. Last summer, the Wage and Hour Division of the Department of Labor announced substantial revisions to federal regulations delineating who is exempt from overtime pay. After almost a year of waiting (and over 290,000 comments to the draft rule), the DOL announced this week that it will be publishing the final form of its revised overtime regulations under the Fair Labor Standards Act (FLSA). This final publication will occur on Monday, May 23, 2016, but the pre-publication version is publicly available now. More ›

Whistle while you work… on getting dressed: Wisconsin Supreme Court rules Hormel employees to be paid for time putting on clothing and safety gear

Like most employers, Hormel Foods paid its employees from the time they punched-in to the time they punched-out. Prior to punching the clock, manufacturing employees were required to dress in a clean white jumpsuit, boots, hard hat, eye protection, hearing protection, and hair net. The reverse process was repeated after the employees punched out at the end of their shift. Each employee spent almost six minutes per day off the clock "donning" [putting on] and "doffing" [taking off] required clothing and equipment. More ›

Ninth Circuit Holds that DOL may Expand Regulation of Employers’ Tip Pooling Practices

The restaurant and gaming industry lost a battle in the Ninth Circuit over whether employers that pay their workers at least the minimum wage are subject to Department of Labor regulations restricting tip pooling arrangements. More ›

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is the time to begin considering how employees are classified, and whether they may continue to be exempt from overtime wages in the future. More ›

President Obama Proposes to Expand Overtime to over five Million Salaried Workers

On June 29, 2015, President Obama unveiled a dramatic change to the country's overtime pay law in an opinion piece published by the Huffington Post. The president's proposal seeks to extend overtime protection to nearly 5 million employees by raising the minimum threshold for guaranteed overtime pay from an annual salary of $23,660 to $50,440. Employees falling within the expansion would be guaranteed time-and-a-half for all hours worked over 40 hours in a week; in other words, if the rule takes effect as intended, the President will in one fell swoop have reverted a massive subsection of middle-income workers from exempt to non-exempt status, thereby entitling them to overtime pay. Further, going forward, the rule would link the minimum exemption salary to inflation levels, with the goal of avoiding another severe adjustment such as this in the future. More ›

Employment Status of Cosmetology Students is not so cut and Dry

The issue of whether "interns" are employees entitled to wages has been at the forefront of employment litigation over the past couple of years. Similar to interns, cosmetology students are now filing suits against their schools, claiming entitlement to wages for hours spent performing cosmetology services as a part of their curriculum and in order to obtain their state licenses. Not surprisingly, courts across the country have reached different results in this dispute.  More ›

California Restaurant Managers get Second Chance at Class Action

In Martinez v. Joe’s Crab Shack Holdings, the California Court of Appeal for the Second Appellate District reversed an order denying class certification to a group of managerial restaurant employees allegedly misclassified as exempt.

The case was brought by lower-level managers at Joe’s Crab Shack restaurants throughout California who complained that they performed many of the same tasks as hourly employees but did not qualify for overtime pay due to their managerial status. More ›

Blog Editors