Showing 49 posts in Wage and Hour.

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 ›

State Common Law Claims May Be Preempted By The Fair Labor Standards Act

July 17, 2018 by Tom H. Luetkemeyer

A District Court Judge in the Eastern District of Pennsylvania recently ruled that the Fair Labor Standards Act (“FLSA”) preempted a plaintiff’s attempt to add state common law counts for breach of contract and unjust enrichment onto his statutory wage and hour claims. Formica v. US Environmental, Inc., (No. 18-459; July 11, 2018).  The plaintiff alleged FLSA, Pennsylvania Minimum Wage Act, and Pennsylvania Wage Payment and Collection Law claims.  More ›

Clarifying the SCOTUS American Pipe Decision: Pending Motion for Class Certification does not toll Limitations Period

July 16, 2018 by Concepcion A. Montoya

The United States Supreme Court recently handed the defense bar a useful tool in stemming the tide of class action lawsuits. In the area of employment law, claims for violations of federal wage and hour laws, violations of state and local regulations governing employees, and systemic workplace discrimination are prone to class action claims. More ›

Multiple Minimum Wage Increases to Take Effect on July 1, 2018

June 28, 2018 by Hinshaw & Culbertson LLP

On July 1, 2018, multiple state and local authorities will increase the hourly minimum wage rate ever closer to the $15.00 per hour wage demanded by the Fight for $15 advocates. The following lists of minimum wage increases are not exhaustive and may not reflect increases within a certain working sector (for example, increase in minimum wages for tipped workers or hotel workers).Therefore, we encourage you to contact legal counsel for up-to-date information regarding your city, county or state. 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 ›

The Risks and Rewards of Allowing Employees to Work During FMLA Leave

May 17, 2018 by Linda K. Horras

The Family & Medical Leave Act ("FMLA") grants employees leave in certain enumerated situations. The Fifth Circuit Court of Appeals recently held it also allows the employee and employer to strike an agreement that the employee will perform certain duties and responsibilities during the leave and receive compensation for it without creating an actionable interference claim under the FMLA. More ›

NFL's Termination of Security Personnel Prompts Allegations of Age Discrimination

April 24, 2018 by Hinshaw & Culbertson LLP

When former District of Columbia Police Chief Cathy Lanier stepped into her new role as security chief for the National Football League (“NFL”), she let it be known there was a “new sheriff in town,” a federal lawsuit alleges. About one year later, the NFL fired 9 security representatives accounting for approximately 1/3rd of the league’s staffing for the position and approximately 75% of the security representatives who were of the of age 60 or older. The security personnel promptly filed a federal suit in the Southern District of New York. 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 ›

Use of Salary History Taboo? Ninth Circuit Weighs In

April 16, 2018 by Linda K. Horras

Use of one's last salary or salary history to determine compensation can be a proxy for sex discrimination. Once considered a legitimate "factor other than sex," some jurisdictions are banning the use of a job candidate's salary history to determine compensation as it has perpetuated pay inequities between the sexes. The Ninth Circuit Court of Appeals is the highest-profile court to address, and ban, use of salary history in the employment setting in most (but not all) cases. More ›

California Supreme Court to Provide Guidance on Meal and Rest Breaks

April 10, 2018 by Hinshaw & Culbertson LLP

The California Supreme Court may soon provide health-care providers rare and much needed clarification concerning their wage and hour practices. It will do so in response to the Ninth Circuit’s request for guidance on the following wage and hour issues touching upon the meal and rest period rights of ambulance attendants: More ›

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