Wage & Hour

Expert Analysis

• 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.

• 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.