Information and guidance on every phase of employment
Q: I heard New York is changing its rules around tip credits for some types of employees. What do I need to know?
A: A tip credit is a concept permitted under the Fair Labor Standards Act (“FLSA”) and many state laws. A tip credit allows employers to pay employees a cash wage of less…
Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know?
A: On November 20, 2019, the Pennsylvania Supreme Court rejected the application of the fluctuating workweek method (“FWW Method”) of calculating overtime under the Pennsylvania Minimum Wage Act (PMWA) and its corresponding regulations.…
Q. As a franchisor, could I potentially be held liable for the wage and hour violations committed by franchisees of my organization against their employees?
A. On October 1, 2019, a three-judge panel of the Ninth Circuit Court of Appeals ruled that McDonald’s Corporation was not liable as a joint employer for any alleged wage…
Q. A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline. Does the FLSA require my company to account for these third-party bonuses when calculating the regular rate of pay for overtime purposes?
A. The answer to your question depends on…
Q. Has the salary threshold increased for exempt status under the Fair Labor Standards Act?
A. On September 24 — more than five years after the Obama administration first proposed updating the overtime regulations of the Fair Labor Standards Act (FLSA) — the U.S. Department of Labor (DOL) released the final version of its long-anticipated…
Q. What is the standard for determining whether a worker is an independent contractor for purposes of federal wage and hour laws and union organizing conduct?
A. Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the…
Q: My company offers floating holidays to employees. Can we have a “use it or lose it” policy for unused floating holidays? Do they have to be paid out at termination? What about personal days?
A. Like many wage and hour questions, the treatment of floating holidays and personal days is governed by state law. As explained in more detail below, in most states, treatment of floating holidays and personal days is governed by the employer’s policy. However, in California, treatment is governed by state law.…
Continue Reading The Importance of Clear Floating Holidays and Personal Days Policies
Q. I heard that the United States Department of Labor is planning to raise the salary threshold for exempt status again. What is the new rule and when does my company have to comply?
A. On March 7, the U.S. Department of Labor issued its long-anticipated proposed rule that would expand overtime eligibility under the…
Q: I have employees in Connecticut. What do I need to know about the new pay equity law?
A: Effective January 1, 2019, employers are not allowed to: (1) inquire (whether directly or through a third party) about a prospective employee’s wage history; or (2) prohibit employees from disclosing or discussing the amount of their wages or the wages of another employee that has been voluntarily disclosed by the other employee.…
Continue Reading Connecticut Law Prohibiting Wage History Inquiries and Restrictions on Employee Wage Discussions Now in Effect
Q. Can you explain to me Philadelphia’s new Fair Workweek Ordinance?
A. In late December 2018, Philadelphia Mayor Jim Kenney signed an Ordinance that will require large fast-food chains, retailers, and hotels to provide employees with advance notice of their schedules and a variety of other protections. The Ordinance—known as the “Fair Workweek” Ordinance—requires certain Philadelphia employers to provide employees with at least two weeks’ advance notice of their schedules, offer remuneration to employees if their schedules are changed, and provide minimum periods of rest in between shifts. The Ordinance is similar to ordinances adopted in New York, San Francisco, and other large cities. It is scheduled to become effective on January 1, 2020.…
Continue Reading Philadelphia Enacts Fair Workweek Ordinance
