Wage & Hour

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which raises the salary thresholds for “white-collar” and highly compensated employees, rendering millions of employees eligible for overtime. The final rule phases in the new thresholds beginning July 1, 2024.… Continue Reading

The current draft of the Tax Relief for American Families and Workers Act of 2024 includes a proposed provision that would dramatically accelerate the deadline to file claims for the Employee Retention Credit (ERC) to January 31, 2024.  The ERC is a much-scrutinized refundable tax credit of up to $26,000 per employee for certain wages paid by employers between March 12, 2020, and before October 1, 2021. … Continue Reading

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (FLSA). Under the FLSA, employees are entitled to minimum wage and overtime pay, while independent contractors are not.… Continue Reading

In a 3-2 decision in Zilka v. Tax Review Board, the Pennsylvania Supreme Court upheld the Commonwealth Court and sided with the City of Philadelphia Department of Revenue in a case addressing whether a City resident was entitled to a credit for state-level taxes paid to Delaware.

During the tax years at issue, the taxpayer was a resident of Philadelphia who worked full-time in Wilmington, Delaware. … Continue Reading

On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act (FLSA), which would result in millions of workers who are currently exempt from overtime requirements to being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading

On August 8, 2023, the U. S. Department of Labor (“DOL”) issued a final rule revamping its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (collectively, DBRA). This is the first time in forty years that DOL has revisited this process.

The DBRA requires payment of locally prevailing wages and fringe benefits for various classifications of workers on most federally funded or assisted contracts for the construction, alteration, or repair of public buildings or public works.… Continue Reading

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators.  Despite regulatory assurances that funds will be available in the near-term, employers with funds in SVB may remain concerned about their ability to meet ongoing obligations. … Continue Reading

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, therefore, entitled to overtime pay for hours worked over 40 in a work week. … Continue Reading

On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of Rights” (A1474/S511).  This new law, which represents a significant victory for temporary workers in the Garden State, seeks to increase government oversight of temporary staffing agencies, advance pay equity between temporary workers and regular employees, and preclude retaliatory conduct against temporary workers. … Continue Reading

As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs. Many businesses do not have enough workers and are focused on attracting and retaining necessary talent, while others, due to rising costs and stubborn supply chain problems, must consider layoffs and reductions in force.… Continue Reading