EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data

The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to … Continue reading

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Union Dues Checkoff: Update from NLRB

A recent Memorandum issued by  the General Counsel (GC) of the National Labor Relations Board (NLRB)  (GC 19-04, February 22, 2019), discusses issues  of importance to all employers and in particular to employers that have union contracts that provide for … Continue reading

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U.S. Department of Labor Proposes New Salary Threshold Rule

On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to update the minimum salary threshold under the Fair Labor Standards Act – an update that would make approximately a million more … Continue reading

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A Working Interview? You’d Better Pay Me

Recently, the United States District Court for the Middle District of Tennessee approved a permanent injunction and order filed by the United States Department of Labor’s (“DOL”) Office of the Solicitor against a dental practice based in Nashville. In so … Continue reading

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Can California Payroll Companies Be Held Liable for Wage Statement Claims?

California law provides that a payroll service provider cannot be held liable for labor code violations –  but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll … Continue reading

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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees

This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not … Continue reading

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Is Paid Sick Leave a Texas Thing?

San Antonio followed Austin as the second city in Texas to mandate private employers offer paid sick leave to employees employed within the city limits.  The San Antonio City Council passed an ordinance on August 16, 2018 requiring private employers … Continue reading

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Every Minute Counts: Supreme Court Rules Employers Cannot “Skim” Minutes

On Thursday, the California Supreme Court held the federal Fair Labor Standards Act de minimis rule, which limits suits over small increments of unpaid time upon a showing that the bits of time are administratively difficult to record, does not … Continue reading

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Tolling of Statute of Limitations in Class Action Realm Narrowed

In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading

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California Construction Industry, Are They The Next Ripe Target For Private Attorney General Act Claims? Hint-The Answer Is Yes.

In January, California ushered in a new law designed to strengthen wage protections for employees who work under private construction contracts. The law makes all “direct contractors” potentially liable for wages incurred by an employee of any subcontractor-at any tier. … Continue reading

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