Wage & Hour

Expert Analysis

• 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.

• Beware Rise In Lawsuits Under NY Manual Worker Pay Rule

  

  Although the New York rule that manual workers must be paid weekly has existed for some time, there has been a significant increase in the number of lawsuits against employers after the 2019 ruling in Vega v. CM & Associates, making correct classification of employees paramount, say Heather Sager and Krista Gay at Perkins Coie.

• Unpacking FLSA Domestic Service Worker Wage Exemptions

  Excerpt from Practical Guidance

  

  Nancy Barnes and Anthony McNamara at Thompson Hine explain the nuances of domestic service worker compensation under the Fair Labor Standards Act and the applicable exemptions to its minimum wage and overtime requirements.

• Tips On Complying With Calif.'s New Pay Transparency Law

  

  California's new pay transparency law takes effect on Jan. 1, which means that employers must take action now to ensure that they are prepared to comply with an extensive pay reporting scheme that is among the most complex and detailed in the nation, say Maria Stearns and Joanna Blake at Rutan & Tucker.

• Strategies For Approaching New NY Pay Transparency Laws

  

  Pay transparency laws are proliferating in New York and across the country, resulting in a patchwork that can be challenging for employers to navigate, but considering seven key questions can help with cross-jurisdictional compliance, says Kelly Cardin at Ogletree.

• Navigating The OT Debates In High Court Rig Worker Case

  

  While recent U.S. Supreme Court oral arguments in Helix Energy v. Hewitt focused on whether an oil rig worker could qualify for the Fair Labor Standards Act’s highly compensated employee overtime exemption, the most interesting issue raised could spark new challenges to previously unquestioned overtime regulations, says Glenn Grindlinger at Fox Rothschild.

• 3rd Circ. Ruling Shows FLSA's Broad Retaliation Protections

  

  In Uronis v. Cabot Oil & Gas, the Third Circuit's recent finding that a Fair Labor Standards Act anti-retaliation provision must be interpreted broadly is the first to address the issue as it relates to employer actions against workers who intend to join a collective action, and it may encourage more equitable work environments, says Taylor Crabill at Faruqi & Faruqi.

• How The NLRA May Slow Down The FAST Act

  

  California's Fast Food Accountability and Standards Recovery Act takes on many of the activities already managed by the National Labor Relations Act and may give rise to arguments that the new law is federally preempted, say attorneys at Greenberg Traurig.

• DOL's Contractor Rule Change May Cause Cos. Heartburn

  

  The U.S. Department of Labor proposed a new rule earlier this week that would narrow the conditions under which a worker could be an independent contractor, and the new recipe for status determination may cause serious indigestion for companies doing business with them, says Todd Lebowitz at BakerHostetler.

• A Look At Recent Service Contract Act Compliance Challenges

  

  Complying with the Service Contract Act and potential U.S. Department of Labor audits have grown tougher due to the rise of remote work and increasing inflation, but certain best practices can help manage compliance risks, say Eric Leonard and Craig Smith at Wiley.

• Worker Misclassification Poses Large Perils For NJ Cos.

  

  Considering the New Jersey Legislature’s and governor’s recent focus on worker misclassification — as well as the state supreme court’s recent interpretation of the so-called ABC test — the dangers of noncompliance for businesses that use independent contractors cannot be understated, say Brent Bouma and Peter Shapiro at Lewis Brisbois.

• All Employers Must Heed Md. Paid Commuting Time Ruling

  

  The Maryland Court of Appeals’ recent ruling that federal pay carveouts for preliminary work don't apply to state wage laws is a wake-up call for employers nationwide, who should proactively review their employees' pre- and post-shift activities, analyze state laws, and take steps to avoid liability, say Kirsten Eriksson and Elisabeth Hall at Miles & Stockbridge.

• Why FLSA Settlement Reviews May Be Increasingly Unneeded

  

  While most federal courts have followed the Eleventh Circuit's 1982 holding in Lynn's Food v. U.S. that Fair Labor Standards Act claims may be settled only with approval by a court or the U.S. Department of Labor, more courts are beginning to question — or outright challenge — that obligation, say attorneys at Jackson Lewis.