Header graphic for print
Wage & Hour Law Update

Category Archives: States

Subscribe to States RSS Feed

New York “Fast Food Wage Board” Formally Convened

Responding to the Governor’s directive, Acting State Labor Commission Mario J. Musolino has empaneled a Wage Board to recommend a minimum wage increase for the fast food industry. Commissioner Musolino issued a determination regarding the inadequacy of the current minimum wage which states, “I am of the opinion that a substantial number of fast food… Continue Reading

Indiana Appeals Court Declines to Adjudicate Pastor’s Claim For Unpaid Vacation, Citing Ministerial Exception

Courts adjudicating employment disputes under employment statutes will decline to do so where inquiry into the employment relationship will interfere with First Amendment religious protections. Often, this concerns a claim challenging the legality of termination of a member of the clergy, but the concept can also extend to such employees’ claims under wage-and-hour laws, as… Continue Reading

Wisconsin Supreme Court Rejects Claim That Union Could Not Waive Paid Meal Period Rights On Behalf of Members

Unionized employers often enter into agreements with employees regarding compensation for particular hours or break periods. These agreements are reached through bargaining for the mutual benefit of the employer and union members. At times, such agreements can potentially be in tension with Department of Labor regulations regarding hours of work and break periods. The Wisconsin… Continue Reading

Consistent With Recent Decisions, Maryland Judge Finds Vocational School Students Not FLSA “Employees”

Like interns, vocational students often provide some degree of service as part of their vocational program. For this reason, such arrangements are susceptible to the allegation that these services are compensable “work time” under the FLSA. While such allegations have been made in some recent cases, in the first handful of these to reach decision,… Continue Reading

Trenton Sick Leave Law Withstands Judicial Challenge; Philadelphia Sick Leave Law May Become Preempted

Trenton, New Jersey, like numerous other municipalities (especially in New Jersey), recently enacted its own paid sick leave law. As with Seattle’s recent minimum wage rulemaking, a coalition of New Jersey business groups challenged the city’s authority to do so, urging that the ordinance exceeded the city’s police powers and offended constitutional protections. New Jersey… Continue Reading

Complying with DC Wage Theft Act

The District of Columbia, like California, has followed New York’s lead in enacting a new Wage Theft Prevention Act requiring issuance of individual wage notices.  Analysis of the Act and its requirements is available at the Jackson Lewis Workplace Resource Center here.

Origins of Wage-and-Hour Jurisprudence: Portland Terminal

Many current FLSA compensation issues which are the subject of widespread litigation – such as the current wave of intern cases – have their legal underpinnings in Supreme Court authority decided during the 1940s in the years following the enactment of the FLSA (1938) and the Portal-to-Portal Act (1947).  For example, courts seeking to interpret… Continue Reading

Utah’s Highest Court Finds LLC Managers Were Not Employers Under State Wage Law

When small entrepreneurial ventures collapse, disputes sometimes arise regarding who constituted an “employee” of the business and whether they were paid proper wages.  As the venture has failed, the issue of individual liability often is raised.  In a new decision, Utah’s highest court clarifies that Managers of a limited liability company are not liable for… Continue Reading

New York AG Schneiderman Introduces Pay Card Legislation

Following his investigation of the issue, New York Attorney General Eric Schneiderman last week proposed the Payroll Card Act, which would require employers: To permit employees to elect whether to be paid through a payroll card, direct deposit, or to receive a paper check; To provide notice of payroll card program terms and conditions, including… Continue Reading

Philadelphia Joins New York City, Newark and Many Other Jurisdictions In Requiring Paid Sick Leave

On February 12, Mayor Michael Nutter signed a bill requiring Philadelphia employers with 10 or more employees to offer paid sick leave, joining neighbors New York City and Newark, New Jersey, as well as other states and localities, in enacting such a requirement.  The Philadelphia bill takes effect in mid-May, and requires that eligible employees accrue paid… Continue Reading

Pennsylvania Judge Rejects Contract Claim for Meal Period Pay

Hospitals and other medical service providers continue to face waves of wage-and-hour claims concerning meal break practices, with non-exempt care providers alleging that they were unable to take unpaid meal periods, or that those meal periods were otherwise compensable.  A new decision from Judge Jeffrey L. Schmehl of the Eastern District of Pennsylvania rejects a… Continue Reading

New York Wage Board Issues Recommendation Regarding Tip Credit

Completing its task assigned by former Commissioner of Labor Peter Rivera, the current New York Wage Board has issued its recommended findings to the Commissioner with respect to tip credit issues.  Most importantly for hospitality employers – an industry sector which includes many small, low-margin businesses – if approved by the Commissioner, the available tip… Continue Reading

Utah Federal Court Reiterates That Employees Are Only Entitled to Tips Under FLSA If A Tip Credit Is Applied

While many state laws regulate the distribution of gratuities (as well as service charges and other fees), the overwhelming judicial view, as originally set forth by the Ninth Circuit in Cumbie v. Woody Woo and joined by district courts in other jurisdictions, holds that an employee’s right to tips under the FLSA flows exclusively from… Continue Reading

California Intermediate Appellate Court Reverses Ruling Finding “On Call” Rest Breaks Violated State Law

Confronting a novel issue of state law in the wake of the California Supreme Court’s 2012 decision addressing California’s meal-and-rest break requirements, an appellate panel of the California Court of Appeal’s Second District ruled that a security firm did not violate rest break requirements where its security guards were “on call” during the required rest… Continue Reading

Vote To Eliminate Tip Credit In New York Fails

As reported by our colleagues at the New York State Restaurant Association, the current Wage Board, convened to examine the state of the tip credit under New York law, today voted on, but ultimately rejected, a motion to eliminate the tip credit entirely.  Tip credits under federal and state wage laws permit an employer to… Continue Reading

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