Wage & Hour

Expert Analysis

• In 2023, Pursue The 'Why' Behind Employment Compliance

  

  As employers approach new compliance requirements that will take effect on Jan.1, considering why these laws and regulations were put in place — rather than what must be done to satisfy them — can open greater opportunities to move ahead of the curve and align actions with company values and culture, says Christopher Ward at Foley & Lardner.

• Employee Pay Takeaways From Computer Startup Time Ruling

  

  The Ninth Circuit’s recent ruling in Cadena v. Customer Connexx, which held that time spent booting up laptops is compensable, is a reminder of how the continuous workday rule affects employee pay and provides insight on whether other types of tasks are integral and indispensable, say attorneys at Husch Blackwell.

• IRS Starts Clock On Energy Projects' Labor Rule Exemption

  

  A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.

• Top 10 Labor And Employment Issues In M&A Transactions

  

  In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

• Employer Lessons From Google's $118M Equal Pay Deal

  

  The recent $118 million settlement in the Ellis v. Google class action over a systemic scheme directed at underpaying women can be used as the foundation for employers to implement better business practices and avoid lawsuits of this magnitude, say attorneys at Gordon & Rees.

• State Law Compliance Considerations For Remote Job Posts

  

  In light of the increasing prevalence of state and local laws mandating a salary range on job listings, employers should provide pay transparency when looking for remote workers in order to avoid potential penalties and litigation, says Eric Fox at Gordon & Rees.

• Employers Should Note Post-Midterms State Law Changes

  

  State ballot measures in the recent midterm elections could require employers to update policies related to drug use, wages, collective bargaining and benefit plans that offer access to abortion care — a reminder of the challenges in complying with the ever-changing patchwork of state workplace laws, say attorneys at Jackson Lewis.

• PAGA Claims Are A Gamble As Calif. Justices Mull Uber Case

  

  The California Supreme Court's pending Private Attorneys General Act decision in Adolph v. Uber will have significant repercussions for both employers and employees, potentially forcing employers to question whether there is any benefit to arbitrating individual PAGA claims, says Jonathan Andrews at Signature Resolution.

• Why Companies Lose In Gig Worker Class Cert. Cases

  

  The recent class certification of gig workers in Roman v. Jan-Pro Franchising in California and Bedoya v. American Eagle Express in New Jersey shows that companies who rely on uniform contracts and policies with independent contractors expose themselves to liability in a judicial climate that increasingly favors workers, say Joan Fife and Kevin Simpson at Winston & Strawn.

• DOL Proposal Invokes ABC Test For Contractor Classification

  

  The U.S. Department of Labor recently issued a proposed rule for determining whether workers are independent contractors or employees, that, if adopted, would effectively implement California's so-called ABC test for classification and substantially rewrite the employment playbook nationwide, says Ronald Zambrano at West Coast Employment Lawyers.

• Labor Rules Will Unlock IRA Tax Credits' Full Value

  

  Companies that make sure to follow the Inflation Reduction Act's unique labor rules will be in the best position to unlock the law's tremendous tax incentives aimed at promoting renewable energy, lowering greenhouse gas emissions and encouraging carbon sequestration, say Nicole Elliott and Timothy Taylor at Holland & Knight.

• What To Know About New Wave Of Calif. Employment Laws

  

  Attorneys at Reed Smith share insights on employment and benefits laws recently enacted in California that are certain to affect employers in the year ahead — including new bereavement and medical leave requirements, expanded reproductive health care protections, a minimum wage increase, and updated pay transparency rules.

• Enforcing Cost-Splitting Employment Arbitration Provisions

  

  While recent appellate decisions and executive action have increased scrutiny of employment arbitration agreements, with careful agreement drafting and negotiation employers can still craft enforceable provisions requiring employees to split arbitration costs, says Christopher Deubert at Constangy Brooks.