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Wage & Hour Law Update

Category Archives: States

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NY Legislature, Governor Cuomo Reach Agreement On Repeal of Annual Wage Notice

Business advocacy groups advise that the New York Legislature and Governor Cuomo have reached agreement on the Legislature’s already-passed legislation repealing the Wage Theft Prevention Act’s annual notice requirement.  Indeed, the Legislature’s web site confirms that S.5885-B has been delivered to the Governor.  Business groups believe a “chapter amendment” will be forthcoming in January, modifying… Continue Reading

With WTPA Amendments In Limbo, New York Employers Must Prepare for Another Round of “Those (Annual) Notices”

Despite passage in June by both chambers of the New York State Legislature, legislation repealing the 2011 Wage Theft Prevention Act’s “annual wage notice” has yet to take effect.  In fact, as of this writing, Governor Cuomo has not been presented with the bill for signature.  Because the legislation only takes effect 60 days after… Continue Reading

Nevada Supreme Court: Exotic Dancers Are Employees Under State’s Law

In a setback for that state’s thriving adult entertainment business, the Nevada Supreme Court yesterday ruled that Sapphire Gentleman’s Club improperly classified its 6000+ semi-nude performers as independent contractors rather than employees under Nevada’s minimum wage law.  Terry et al. v. Sapphire Gentlemen’s Club et al., case number 59214, 10/30/14. The Nevada court, citing policy… Continue Reading

NYS Commissioner of Labor Issues Official Wage Board Charge

On Monday, New York Commissioner of Labor Peter Rivera formally issued his Charge to the recently convened 2014 Wage Board.  The Charge, available here, asks the Board to answer the following question: What modifications, if any, should be made to the required cash wage rates and the allowable credits for tips, meals, and lodging, for… Continue Reading

Manhattan Restaurant Prevails On Wage-and-Hour Claims Following Trial

Demoralized by the attendant costs of litigation and a shifting compliance environment in numerous jurisdictions, many hospitality industry employers have resolved wage-and-hour lawsuits brought in New York City and elsewhere over the last number of years.  Bucking this trend, one such employer recently successfully defended its wage practices at trial.  Mendez v. Int’l Food House,… Continue Reading

Virginia Governor Signs Executive Order Establishing Joint Task Force on Worker Misclassification and Payroll Fraud

Virginia employers may see more robust worker misclassification enforcement and enhanced cooperation between state agencies with respect to misclassification issues in the near future.  Following the lead of the federal government and other states, Governor Terry McAuliffe’s recent Executive Order, signed on August 14, 2014, calls for the establishment of an interagency task force on… Continue Reading

Interpreting Oracle, California Court Limits Application Of State Wage Laws Vis a Vis Out of State Employees

The California Supreme Court’s 2012 decision in Sullivan v. Oracle signaled, but did not conclusively rule, that no circumstances could support a California Labor Code claim by an employee working outside the State of California.  However, a new California federal court decision emphatically holds that the application of California’s Labor Code should end at the… Continue Reading

Illinois Enacts Pay Card Legislation

Joining the ranks of states which have enacted a specific statute to address the payment of wages via payroll debit card, Illinois Governor Pat Quinn last Wednesday signed legislation regulating payroll debit card practices in the state.  The new law is generally consistent with the Illinois Department of Labor’s recent historical enforcement practice, in that… Continue Reading

Governor Cuomo Convenes Wage Board To Assess Minimum Wage and Related Regulations Applicable To Tipped Employees; Industry Watching and Waiting (and Preparing to Comment)

When the New York legislature enacted minimum wage legislation last year resulting in the series of increases  to the minimum wage currently underway, legislators reached a temporary agreement not to increase the cash wage applicable to most tipped workers under New York State’s Wage Orders ($5.00 per hour under the Wage Order applicable to the… Continue Reading

Ohio Judge: Mortgage Underwriters Properly Classified As Exempt Administrative Employees

The exempt status of loan officers continues to make headlines as the Mortgage Bankers Association presses for Supreme Court affirmance of its successful challenge to a DOL opinion regarding the applicability of the administrative exemption to those workers.  A new court decision highlights the fact intensive nature of exemption inquiries, and also the potentially misleading… Continue Reading

Clarifying Recent Legislative Amendment, Nebraska Supreme Court Addresses Entitlement To Commissions Under State Law, Contract

As we recently discussed, while the FLSA does not regulate the payment of incentive compensation (such as, for example, commissions and bonuses), many state laws do.  In Nebraska, an employee’s right to commissions is governed by a recently amended statute, Nebraska Revised Statute § 48-1229(4).  A new decision from that state’s highest court addresses an… Continue Reading

Remaining In Minimum Wage Vanguard, Seattle Announces Minimum Wage Increase To $15.00/Hour

We recently reported on the decision of SeaTac, a Washington municipality and site of Sea-Tac Airport, to raise its minimum wage to $15/hour, the subject of subsequent, ongoing litigation.  Now, the City of Seattle itself has, through its City Council, passed similar legislation seeking to raise the City’s minimum wage ultimately to the same $15.00/hour… Continue Reading

Illinois Court Rejects Attorney’s Claim For Alleged Unpaid Bonus

Similar to the wage-and-hour enforcement scheme of many other states including New York, in Illinois, the payment of incentive compensation is largely a matter of contract.  Entitlement to incentive compensation, in particular bonuses paid pursuant to a company policy taking into account many criteria, under the governing statute attaches when the terms of the contract… Continue Reading

Eastern District of New York Senior Judge Deems FLSA Allegations Of Overtime, Contractor Misclassification Inadequately Pled

Following the Second Circuit’s clarification that an FLSA plaintiff must provide “sufficiently developed factual allegations” regarding hours worked (DeJesus v. HF Mgmt. Servs., LLC, 726 F.3d 85, 89-90 (2d Cir. 2013)), District Courts both within and outside the Circuit have sought to apply that standard to Fair Labor Standards Act complaints.  In one of the… Continue Reading