The lawyers & attorneys in the Wage & Hour Practice Group at Littler Mendelson use the Wage & Hour Counsel Blog to update readers on developments in wage & hour law. The Wage and Hour Editorial Board closely monitors, tracks and reports on wage and hour legal developments, including court decisions, administrative agency opinions, and new or revised requirements or regulations.
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As of May 21, 2010, Vermont joins a growing number of states who now allow employers to pay employee wages with payroll debit cards. The new law, Act 115 (S.58), amends Vermont State Code §§ 342 and 343 to permit an employer to credit an employee’s wages to a “payroll card...
By Jeanne Barber As we reported earlier, the New Jersey Department of Labor and Workforce Development (DLWD)amended its wage and hour regulations in September 2011 to eliminate inconsistencies between state and federal overtime law. In so doing, the DLWD inadvertently omitted the exemption for...
According to a recently-released Field Assistance Bulletin, the Department of Labor’s Wage and Hour Division (WHD) has advised its staff to uniformly enforce a rule that became effective on May 5, 2011 governing ownership of employee tips under the Fair Labor Standards Act (FLSA). In many...
By Chris Kaczmarek In a case of first impression, a Massachusetts Superior Court judge recently held that an employer may adopt a policy prohibiting employees from accepting tips from customers without violating the Massachusetts Tips Law. Any such policy, however, must clearly and...
The Fourth Circuit Holds that Intra-Company Complaints Are Protected Activity Under the FLSA's Anti-Retaliation Provision
By Martha Keon The Fair Labor Standards Act (FLSA) provides that an employer may not: “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to [the Act], or has...
By Laurent Badoux On January 27, 2012, the United States District Court for the District of Arizona granted AutoZone’s motion for summary judgment in a case brought on behalf of a nationwide class of current and former store managers seeking overtime pay under the Fair Labor Standards Act...
In Duran v. U.S. Bank National Association, the California Court of Appeal, First Appellate District, overturned a $15 million judgment against U.S. Bank ("USB") entered in a case tried before Alameda County Superior Court Judge Robert Freedman. In its lengthy and very detailed opinion,...
By Gregory B. Reilly Employers faced with wage and hour litigation often seek to condition settlement on the agreement of plaintiffs to keep the settlement and its terms confidential. Confidentiality is often an important condition of settlement because employers may hope to avoid...
By Joseph Lazazzero On March 1, 2012 the minimum wage for employers in Santa Fe, New Mexico will increase to $10.29 per hour. The rate will exceed San Francisco’s $10.24 requirement, becoming the highest minimum wage in the country. The reason for the increase is a city ordinance that ties...
California Court of Appeal Finds Employees Are Exempt Under California's Commissioned Sales Exemption
By Diane Kimberlin On January 24, 2012, the California Court of Appeal, Fourth Appellate District, issued an important decision providing new and needed guidance on the commissioned sales exemption. In Muldrow v. Surrex Solutions Corporation, the court concluded that a class of “senior...