Minimum Wage

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Florida has maintained a separate minimum wage requirement since the 2005 passage of the Florida Minimum Wage Act (“Act”), which was authorized by the Minimum Wage Amendment (“Amendment”) to Article X of the Florida Constitution.  Since then, courts have disagreed as to whether the Amendment provides the right to a separate cause of action…

Recognizing the need to provide clarity to the business community in light of voluminous litigation, the United States Court of Appeals for the Second Circuit recently agreed to hear appeals in the Fox and Hearst intern cases.  Glatt v. Fox Searchlight Pictures Inc., Case Number 13-2467, 11/26/13.  The Court will examine the different…

In the latest in a series of decisions addressing the proper allocation of travel and immigration fee expenses between employers and employees utilizing the H2A agricultural guestworker program, the Court of Appeals for the Ninth Circuit (the largest federal circuit, encompassing Washington, Montana, Idaho, Oregon, Nevada, California, Arizona, Alaska and Hawaii) ruled an employer…

Overriding the March 2013 veto by Governor Chris Christie of a proposed bill increasing the state’s minimum wage, New Jersey’s Democratic legislative majority successfully pushed through a constitutional amendment through a voter referendum (not subject to gubernatorial veto) to increase the New Jersey minimum wage from $7.25/hour to $8.25/hour effective January 1, 2014. This request…

The legislation setting forth a schedule for increasing New York’s minimum wage has numerous implications for the New York employer community. On October 9, 2013, the Department of Labor published proposed amended Wage Orders for all industries which are effective as of December 31, 2013. 

The changes to the minimum wage implicate many facets of employee…

The Department of Labor continues carrying out its aggressive regulatory agenda, releasing the much-anticipated final rule extending FLSA minimum wage and overtime protection to direct care workers such as home health aides, personal care aides and certified nursing assistants working for home care agencies and other domestic services employers, and reversing the application of …

Newly appointed Labor Secretary Thomas Perez addressed the 2013 AFL-CIO Convention earlier this week, providing details on the Obama Administration’s legislative and administrative wage-hour agenda for the remainder of the President’s second term. The wage-hour agenda likely will be overseen by the President’s new nominee for Wage and Hour Administrator, Dr. David Weil, a professor…

Presumably buoyed by the district court ruling in Glatt v. Fox Searchlight Pictures Inc., 2013 U.S. Dist. LEXIS 82079 (S.D.N.Y. June 11, 2013), a number of copy-cat lawsuits have been filed by former entertainment industry interns in recent weeks in the Southern District of New York’s Manhattan courthouse seeking unpaid wages. Salaam, et al. …

Of the FLSA’s many highly technical exemptions from overtime, one that can require a detailed regulatory and factual analysis to properly apply, is the motor carrier exemption. In a new decision highlighting one of technical aspects of the exemption, the United States Court of Appeals for the Eighth Circuit ruled that the proper measure of…