May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month.
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels.
In a case of first impression, the 11th Circuit concluded that filing a written consent – even in a matter that is never certified as a collective action – is sufficient to bestow “party plaintiff” status to a putative opt-in plaintiff.
On April 26, 2018, Puerto Rico's Fiscal Oversight and Management Board sent, for the first time since its creation, a proposed employment law reform bill to the Puerto Rico Legislature.
The DOL recently issued additional information on the Payroll Audit Independent Determination (PAID) Program. While not all-encompassing, the new publication sheds more light on the program’s mechanics and the “steps” employers must take to participate.
In Rizo v. Yovino, the U.S. Court of Appeals for the Ninth Circuit recently examined whether an employer can justify a wage differential between male and female employees by relying on prior salary.
Washington State has joined the ranks of jurisdictions that have adopted expanded equal pay legislation. The Equal Pay Opportunity Act will take effect on June 7, 2018.
On April 12, 2018, the United States Department of Labor issued three opinion letters and a new fact sheet providing guidance on various wage and hour issues.
The DOL's new Field Assistance Bulletin No. 2018-3 clarifies some questions left open following the recent FLSA amendment affecting tipped employees and tip ownership.
The FLSA requires employers to pay overtime to covered employees, but exempts numerous categories of workers. Traditionally, these exemptions have been construed narrowly against the employer asserting them. Not anymore.
