Wage & Hour

Expert Analysis

• Beware Employee Tracking As A Response To 'Quiet Quitting'

  

  "Quiet quitting" — a recent trend that encourages a bare-minimum work ethic — may prompt employers to electronically monitor worker productivity, but this response raises concerns about discrimination, employee classification, labor law compliance, overtime pay and workplace morale, says Chris Deubert at Constangy Brooks.

• 9th Circ. Class Cert. Move Illustrates Individual Claim Issues

  

  The Ninth Circuit's recent class certification decision in Bowerman v. Field Asset Services illustrates the challenges presented when a defendant argues that not all putative class members have been injured or that damages must be determined on a claimant-by-claimant basis, says Robert Fuller at Robinson Bradshaw.

• What Proposed Contractor Rule May Mean For Wage Litigation

  

  The Biden administration's proposed independent contractor rule could have major implications for wage and hour litigation, but comparing it to the Trump administration's rule could help employers prepare for the next phase of employee classification disputes, say Jessica Scott and Frederick Yarger at Wheeler Trigg.

• A Calif. Employer's Guide To Telework Expense Obligations

  

  As the COVID-19 pandemic recedes and California employers face an increase in workplace reimbursement lawsuits from remote employees, it’s imperative to know what expenses must be covered — and how repayment should be administered — under state law, says Eric Fox at Gordon & Rees.

• High Court FLSA Case Threatens OT Pay Landscape

  

  The U.S. Supreme Court will soon decide in Helix Energy Solutions v. Hewitt whether a high-paid oil rig worker is entitled to overtime compensation under the Fair Labor Standards Act, and its eventual opinion could bring a new class of employees within the purview of the law’s requirements, say Melissa Legault and Wade Erwin at Squire Patton.

• Calif. Pay Stub Ruling Spotlights Overtime, Bonus Compliance

  

  Though a California appellate court's recent ruling provides a simple answer to how employers must list true-up overtime wages on pay stubs, it also underscores the importance of reviewing compliance requirements for wage statements where bonuses or other factors affect regular rates, says Paul Lynd at ArentFox Schiff.

• 11th Circ. Clarifies FLSA Administrative Exemption

  

  The Eleventh Circuit's recent decision in Fowler v. OSP Prevention Group about administrative employee determination under the Fair Labor Standards Act highlights the importance for employers to critically consider all required factors for an FLSA exemption, say Sarah Guo and Larry Perlman at Foley & Lardner.

• Why Gig Platforms Should Be On Alert

  

  The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

• More Employment Regs May See 'Major Questions' Challenges

  

  The U.S. Supreme Court's recent use of the major questions doctrine to strike down regulation has already been cited in lower court cases challenging U.S. Department of Labor authority to implement wage and hour changes, and could provide a potent tool to litigants seeking to restrain federal workplace and labor regulations, say Jeffrey Brecher and Courtney Malveaux at Jackson Lewis.

• What Employers Should Do To Prepare For Natural Disasters

  

  As hurricane season picks up steam and extreme weather events become more erratic and uncertain in every region of the U.S., employers must put emergency action plans in place that address everything from compensation issues to leave requests, says Sally Culley at Rumberger Kirk.

• 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.