Wage & Hour Compliance

By Jacob Oslick

iStock_000023258402MediumWe have previously reported and blogged about challenges to paying employees through debit card-like “paycards.” A recent Pennsylvania decision has amplified those concerns.

In a case of first impression, the trial court in Luzerne County, Pennsylvania found that paying employees through mandatory payroll cards does not comply with a Pennsylvania law, the Wage Payment and Collection Law,
Continue Reading Pennsylvania Court Rules Payroll Cards Aren’t “Lawful Money,” Says Employers Must Pay Using Checks Or Dead Presidents

President Obama announced last night that the DOL would be releasing its proposed amendments to the white collar exemption regulations today.

Our colleagues from the Wage Hour Litigation Practice Group blog about these matters and have been tracking the progress of the rules proposal during the past year and are already formulating how these new regulations may impact employers across
Continue Reading Obama Administration Proposes New Overtime Rules

By Daniel B. Klein

The Massachusetts Attorney General has issued the awaited, mandatory Earned Sick Time Notice.

Pursuant to the Massachusetts Earned Sick Time Law, which takes effect July 1, 2015, employers shall post this Notice in a conspicuous location accessible to employees in every establishment where employees with rights under this law and its regulations work, and shall
Continue Reading Massachusetts Attorney General Publishes Mandatory Earned Sick Time Notice

By Condon McGlothlen

On May 27, 2015, New York’s State Department of Labor (“NYSDOL”) issued proposed rules regarding payment of wages by payroll debit cards (sometimes called “pay cards”).  The proposed regulations contain good news and bad news for employers.  The good news is that they appear to let employers pay either by direct deposit or, alternatively, by pay card;
Continue Reading New York Poised To Allow Pay Cards But To Continue Scrutinizing Them

By Brian A. Wadsworth

Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.”

Some employers, however, may be unaware that lawfully present aliens who are not green card holders may also be protected by § 1981. In Ruben Juarez v.
Continue Reading Lawfully Present And Protected

By Erin Dougherty Foley and Craig B. Simonsen

pic.docxIn a recent “shinny” blog by Jesse Lawder, the U.S. DOL’s Chief of Staff (Acting), Office of Public Affairs, we are told – again – that an “open, transparent government is one of the hallmarks of democracy.” It seems, though, that the government is shining its lights on business interests.

Lawder’s purpose
Continue Reading DOL Online Enforcement Database Looks Closely at Industry and Corporate Trends

By: Erin Dougherty Foley

On Monday, Apple unveiled its new MacBook (which is as pretty as it is light and nimble), number of new health related apps called “ResearchKit” (that claim to be able to help diagnose and monitor the progress of diseases like diabetes and Parkinson’s) and the much anticipated Apple Watch.  The watch appears to work like an
Continue Reading Apple Watch – Everything Old Is New Again

By: Alexander J. PassantinoRichard L. AlfredLoren GesinskyMeagan Noel Newman and James L. Curtis

As the Northeast braces for Winter Storm Juno, Seyfarth Shaw has prepared the following guidance to help employers navigate wage & hour issues arising from potential closures, as well as workplace safety issues related to severe winter weather.

Wage and Hour
Continue Reading Winter Storm Juno: Helping Employers Anticipate Wage & Hour and Workplace Safety Concerns

By: Caitlin Ladd

Employer-provided payroll cards programs remain a topic of discussion in the news and are now the subject of proposed legislation backed by New York State Attorney General Eric Schneiderman.

On June 13, Scheinderman’s office published a report entitled “Pinched by Plastic:  The Impact of Payroll Cards on Law-Wage Workers”.  This report synthesized the results of the
Continue Reading NY AG Backs Restrictions on Payroll Cards

By Kerry M. Mohan and Craig B. Simonsen

In a remarkable announcement, OSHA Administrator Dr. David Michaels has just issued a Decision on Referring Untimely 11(c) Complainants to the National Labor Relations Board (Decision), OM-14-60 (May 21, 2014).

This announcement comes just weeks after Dr. Michaels testified at a hearing before the Senate Subcommittee on Employment & Workplace Safety.
Continue Reading OSHA Decision to Refer “Untimely 11(c) Complaints” to the NLRB