All Items: Wage and Hour

  • Gig Worker Found to Be Independent Contractor in First-of-Its-Kind Ruling

    February 14, 2018

    Lawson v. GrubHub appears to be the first ruling involving gig workers who perform on-demand work facilitated by a digital platform.

  • Minimum Wage Credit for Board and Lodging Leaves No Room for Profit, 4th Circuit Rules

    January 29, 2018

    The actual cost of operating and maintaining a room, not market value, determines how much of a minimum wage credit an employer may claim, the 4th Circuit Court of Appeals ruled in Balbed v. Eden Park Guest House.

  • New Jersey Bans Breastfeeding Discrimination

    January 22, 2018

    New Jersey has enacted a law to protect breastfeeding mothers from discrimination at work that goes beyond federal protections. However, the law permits an exception if an employer can show that providing an accommodation would pose an undue hardship.

  • DOL Revives Opinion Letters, Providing Employers Potential Defense to FLSA Claims

    January 9, 2018

    The Trump administration is shifting away from a one-size-fits-all approach to interpreting the Fair Labor Standards Act (FLSA) in favor of more targeted outreach. Although opinion letters will directly apply to fewer employers than the Obama administration's Administrator Interpretations did, they will offer a stronger defense.

  • DOL to Use More Employer-Friendly "Primary Beneficiary" Test for Unpaid Internships

    January 8, 2018

    To better align with recent case law, eliminate unnecessary confusion among the regulated community, and provide increased flexibility to its investigators, the US Department of Labor (DOL) has rescinded its "six-factor test" for determining whether an intern qualifies as an employee under the Fair Labor Standards Act in favor of the "primary beneficiary test."

  • Minimum Wage Compliance Measured by Workweek, Not by Hour, 9th Circuit Rules

    December 1, 2017

    If the total wages paid during a workweek divided by the total number of hours worked averages out to be the minimum wage or higher, an employer will have complied with the Fair Labor Standards Act (FLSA), the 9th Circuit Court of Appeals ruled in Douglas v. Xerox Business Services.

  • Overtime Ruling Turns on Weight of Drivers' Vehicles

    November 21, 2017

    Employees need only work on smaller vehicles "in part" to qualify for overtime compensation under the Fair Labor Standards Act, the 4th Circuit Court of Appeals ruled in Schilling v. Schmidt Baking Co.

  • Bill to Define "Joint Employer" Passes House

    November 13, 2017

    H.R. 3441, known as the "Save Local Business Act," would amend the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA) to narrow the circumstances under which an employer will be considered a joint employer.

  • New York City Fleshes Out Predictable Scheduling Law

    October 31, 2017

    New York City has issued proposed rules that define several key terms and provide further details about the requirements of the Fair Work Practices Law (also known as the Fair Workweek Law).

  • DOL Appeals Overtime Injunction

    October 30, 2017

    The US Department of Labor is appealing the permanent injunction blocking the Obama administration's 2016 overtime rule not to uphold the $47,476 salary threshold but rather to preserve its authority to set a lower salary threshold.

About This Category

News: HR and legal considerations for employers regarding federal and state wage and hour laws.