Wage & Hour

Expert Analysis

• Wage Theft Bill Would Increase Risk, Severity Of FLSA Claims

  

  A recently introduced bill would amend the Fair Labor Standards Act in extreme ways that go well beyond the commonsense idea that people should be paid the wages they have earned, thereby sharply increasing the threat of claims against employers, with implications for arbitration, collective bargaining and more, say Christopher Pardo and Beth Sherwood at Hunton.

• Gig Companies May Have To Live With The ABC Test In Calif.

  

  Two recent cert denials by the U.S. Supreme Court has left California's ABC test for employment classification intact, and if gig companies' recent efforts to exempt certain workers from the test fail, they may be less eager to pursue similar challenges in California and beyond, says Ronald Zambrano at West Coast Employment Lawyers.

• Cos. Face FMLA Quagmire Given New Mental Health Focus

  

  The Seventh Circuit’s recent decision in Ziccarelli v. Dart, clarifying that merely discouraging an employee from exercising Family and Medical Leave Act rights may constitute unlawful interference, paired with new U.S. Department of Labor's mental health guidance, present unique challenges for employers, say Matthew Tyrrell and Adam Maxwell at Schoenberg Finkel.

• How New Seattle Wage Law Will Affect Gig Economy Cos.

  

  As state and local legislatures around the country consider additional labor protections for app-based workers, Seattle's new minimum wage for delivery drivers offers an example of how record-keeping and compliance requirements are changing for gig economy businesses, say Catharine Morisset and Lisa Nagele-Piazza at Fisher Phillips.

• Beware The Risks In Laying Off Out-Of-State Remote Workers

  

  Employers could run into unique legal risks when laying off remote, out-of-state employees if they're not familiar with varying state employment laws, but they can minimize the chances of potential penalties by reviewing payroll practices, applicable final paycheck laws and more, says Paul Cirner at Ogletree.

• Why Justices' PAGA Ruling May Not Be Real Win For Cos.

  

  Following the U.S. Supreme Court's Viking River decision last month, companies may temporarily cheer their reduced California Private Attorneys General Act exposure from court cases, but they may come to regret their enthusiasm as plaintiffs firms can pursue arbitration on a mass scale, says Aaron Blumenthal at Gibbs Law Group.

• Justices Prolong Calif. Trucking Industry's Employment Woes

  

  The U.S. Supreme Court's recent refusal to hear a trucking industry challenge to A.B. 5 — a California law that makes many truck drivers employees instead of independent contractors — only extends the struggle for a balanced approach to this issue that avoids paternalism and supports small businesses, says Gregory Feary at Scopelitis Garvin.

• How Calif. Small Biz Can Navigate Evolving Employment Laws

  

  Developments like the U.S. Supreme Court's recent arbitration decision in Viking River v. Moriana, among others, mean California small businesses should look out for five common employment-related errors and explore what they can do to reduce risk in an ever-changing landscape, say Corinne Spencer and Brianna Pearlman at Pearlman Brown.

• Employer Duties As Pandemic And Caregiver Law Evolve

  

  Recent San Francisco employment law changes recognize how the pandemic has altered many employees' caregiving responsibilities outside of work, so California employers should review their obligations — and consider providing flexible work arrangements even where not required, says Katie Collins at Weintraub Tobin.

• New Fla. Law Is Good For Both Gig Workers And Employers

  

  A recently effective Florida law, shielding companies that aid gig workers from misclassification claims, helps protect both independent contractors and their employers during times of emergency, and could be a road map for other states looking to extend similar protections, says Brett Owens at Fisher Phillips.

• Tracking Class Certification Changes, 1 Year After TransUnion

  

  In the year since the U.S. Supreme Court's TransUnion v. Ramirez decision, defense lawyers have invoked it as support for denying class certification or decertifying classes — but an analysis suggests that the main impact of the ruling has simply been closer scrutiny of class definitions by district courts, say James Morsch and Jonathan Singer at Saul Ewing.

• Determining Which State Governs A Remote Work Agreement

  

  The First Circuit's recent finding in Viscito v. National Planning that the Massachusetts Wage Act did not apply to a remote worker who mostly lived in Florida offers guidance for employers trying to determine what law applies to their out-of-state employees, says Stephen Melnick at Littler.

• NYC Pay Transparency Law May Fail To Close Wage Gap

  

  Peter Glennon at The Glennon Law Firm argues that New York City’s new pay transparency law, requiring employers to post salary information in job listings, creates a number of challenges for businesses, raising the question: Could encouraging the use of existing tools close the wage gap without the need for additional legislation?