Earlier this week, New Jersey state senators tabled the vote on Bill S511, landmark legislation dubbed the NJ temporary worker “Bill of Rights.” Governor Phil Murphy conditionally vetoed the proposed legislation last month, and advocates expected the bill to pass following the state Assembly’s approval of Gov. Murphy’s revisions. But ultimately, state senators pulled
FLSA
U.S. Department of Labor Issues Proposed Rule on Independent Contractor Status
By Brian D. Pedrow & Kyle I. Platt on
On October, 11, 2022, the U.S. Department of Labor (DOL) released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. The proposal would significantly broaden the classification of workers as employees under the FLSA.
Traditionally, to determine whether…
August Updates to Pennsylvania Overtime and Tipped Wages Regulations
By Justen R. Barbierri & Shannon D. Farmer on
Several wage and overtime changes will affect Pennsylvania employers starting August 5, 2022. Some updates bring Pennsylvania’s wage and overtime regulations more in line with the Federal Fair Labor Standards Act (FLSA), while others expand the distance between the two.
Employers utilizing tipped employees or a fluctuating workweek method to calculate overtime rates should pay…
Federal Judge Says Judicial Approval for Individual FLSA Actions Increases Litigation Costs, Makes Settlement More Difficult and is Not Required
By Elliot I. Griffin & Shannon D. Farmer on
Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums. Less than a year after filing suit, the parties notified the court that they resolved the claims and requested a phone call with the court…
U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation
By Steven W. Suflas & Mark J. Levin on
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon, the Court held that the plaintiff’s claims were exempt from arbitration under Section 1 of the Federal Arbitration…
Department of Labor and National Labor Relations Board Announce Plan to Partner for Investigations and Information Sharing
By Elliot I. Griffin & Brian D. Pedrow on
The U.S. Department of Labor, Wage and Hour Division (DOL-WHD) and National Labor Relations Board (NLRB) announced plans to collaborate “to enhance and maximize the enforcement of the federal laws administered between the two agencies.” The DOL-WHD enforces the minimum wage and overtime requirements while the NLRB enforces the National Labor Relations Act (NLRA).
Under…
Department of Labor Announces Dual Jobs Rule for Tipped Employees
By Meredith S. Dante & Gustavo Cardona on
The Department of Labor (“DOL”) announced publication of the Dual Jobs final rule. This rule finalizes the DOL’s proposal to withdraw one portion of the Fair Labor Standards Act (“FLSA”) tip rule that was finalized in 2020. Employers who employ workers engaged in tipped work, like servers and bartenders, need to consider how this rule…
USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may assess a penalty of up to $1,100 per violation each time it finds an…
In Budget Deal, Pennsylvania Repeals Overtime Expansion
By Shannon D. Farmer & Adam Friedland on
In October 2020, Pennsylvania regulations took effect that increased the salary threshold for exempt employees to the federal level, and would have increased the threshold above the federal minimum beginning in October 2021.
However, a recent budget compromise between Democratic Governor Tom Wolf and a Republican-led state legislature has resulted in the regulations’ repeal.…
Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework
By Christopher T. Cognato & Jay A. Zweig on
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer. The public will have until August 23, 2021…