Joining decisions from other parts of the country, a California federal judge has held that former cosmetology and “hair design” students were not “employees” under the Fair Labor Standards Act or the wage-and-hour laws of California and Nevada entitled to minimum wage. Benjamin v. B & H Education, Inc., et al., 2015 U.S.
Minimum Wage
New York Federal Court Finds Business Properly Classified Translators As Independent Contractors
By Noel P. Tripp on
Posted in Coverage, New York State
This month, two New York federal judges reviewing a claim of misclassification rejected a claim for overtime compensation, agreeing that a business properly classified two translators as independent contractors rather than as “employees” under the Fair Labor Standards Act and the New York Labor Law. See Mateo v. Universal Language Corp., 2015 U.S. Dist.…
“Yelping” Does Not Entitle You To Minimum Wage
By Noel P. Tripp on
Posted in Coverage
Another Court has joined those holding providers of content to online portals are not employees within the meaning of wage-and-hour laws. Joining a decision from the Court of Appeals for the Second Circuit, which rejected a claim brought by Huffington Post bloggers several years ago, Judge Richard Seeborg of the Northern District of California has…
The Confusing Array of Wage Hour Developments Impacting New York State Employers’ Wage and Hour Compliance
By Noel P. Tripp on
Posted in Minimum Wage, New York State
In prior posts, we have summarized the New York State Department of Labor’s most recent rulemaking processes, comprised of two separate wage boards. The first, in 2014, addressed the hospitality industry as a whole, while more recently, in 2015, another highly publicized wage board addressed the subset of that industry deemed “fast food.” Employers should…
Joining Ninth Circuit, Fourth Circuit Rejects Cause of Action to Recover Gratuities Under FLSA When No Tip Credit Taken
By Noel P. Tripp on
Posted in Minimum Wage, Tips
In accordance with the Ninth Circuit and several other federal court rulings, the Court of Appeals for the Fourth Circuit yesterday held that an employee cannot bring a claim for wages based on allegedly misappropriated gratuities under the FLSA unless the employer used the tip credit set forth in 29 U.S.C. § 203(m). Trejo…
New York’s Fast Food Wage Board Confirms: $15/Hour
By Noel P. Tripp on
Posted in Minimum Wage, New York State
In a televised meeting this afternoon, New York’s recently-convened Fast Food Wage Board confirmed industry employers’ fears and announced its unanimous recommendation that the wage for “fast food employees” in “fast food establishments” be increased to $15/hour by December 31, 2018 in New York City and by July 1, 2021 in the rest of New…
Minimum Wage Increases – Another Challenge For National Employers and Unintended Consequences For the Public
By Noel P. Tripp on
Posted in Uncategorized
As with the recent uptick in state and municipal paid leave laws, employers in multiple jurisdictions now find themselves faced with a similar national bandwagon in favor of increased state and municipal minimum wage requirements, highlighted by the Los Angeles City Council’s recent decision to ratify a proposal moving that City’s minimum wage to…
New York “Fast Food Wage Board” Formally Convened
By Noel P. Tripp on
Posted in New York State
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…
Governor Cuomo Announces Wage Board to Review “Fast-Food Industry” Minimum Wage
By Noel P. Tripp on
In an op/ed piece appearing in yesterday’s New York Times, New York Governor Andrew Cuomo announced he would direct the Commissioner of Labor to convene a new Wage Board “to examine the minimum wage in the fast-food industry” in New York state. The Commissioner’s announcement follows on the heels of a separate op/ed suggesting…
New Jersey Supreme Court Confirms “ABC Test” for New Jersey Wage Claims
By Noel P. Tripp on
Posted in Coverage, New Jersey
Visit the Jackson Lewis Workplace Resource Center here for a detailed analysis of the New Jersey Supreme Court’s decision in Hargrove v. Sleepy’s, LLC, 2015 N.J. LEXIS 38 (N.J. Jan. 14, 2015), finding the “ABC test” for contractor status applicable to claims brought under New Jersey state wage statutes.