Wage & Hour

The Colorado Supreme Court issued its long-awaited decision in Nieto v. Clark’s Market, Inc., ruling that employers must pay employees for any earned but unused vacation upon termination of employment. This decision means that Colorado employers must pay employees for earned but unused vacation pay at the end of their employment. … Continue Reading

The latest episode of Business Better features a discussion about earned wage access programs. We’ll discuss why the push for on-demand payroll technology has picked-up during the COVID-19 pandemic and outline issues from an employer’s viewpoint as it relates to state wage & hour laws, liabilities, and potential lawsuits.

The discussion features Meredith Dante, a partner who regularly advises clients in a broad variety of employment law matters including whistleblower complaints and retaliation and James Kim, a partner in the firm’s Consumer Financial Practices Group and co-leader of the firm’s Fintech and Payments Team, who advises clients on earned wages access programs.… Continue Reading

A federal judge in Colorado has upheld the enforceability of Colorado’s pay transparency law, despite vigorous challenges from the business community. As previously reported here, in November 2020, Colorado passed sweeping new regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act. Under that law, employers in Colorado have to issue compensation ranges in all job postings, including internal promotions.… Continue Reading

On May 6, 2021, the Department of Labor (“DOL”) issued a final rule, effective immediately, withdrawing a pro-business independent contractor rule that would have made it easier for businesses to classify workers as independent contractors, rather than as employees who are entitled to minimum wage and overtime pay under the Fair Labor Standards Act. … Continue Reading

The United States Department of Labor (DOL) Wage and Hour Division just launched a new initiative called “Essential Workers, Essential Protections” that provides workers with information about the wage and hour laws that apply to them, including instructions on how to contact the DOL with questions or complaints.

In conjunction with this new initiative, the DOL released a set of FAQs regarding pay, hours worked, and job-protected leave during the pandemic.… Continue Reading

In another policy change that is designed to benefit workers and penalize businesses that violate the law, the federal government announced that employers who violate the overtime or minimum wage provisions of the federal Fair Labor Standards Act (FLSA) may be liable for both the unpaid wages and an additional equal amount as liquidated damages. … Continue Reading

On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective date for the rule has now been delayed 60 days from March 8, 2021, to May 7, 2021.Continue Reading

On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies.

The first, FLSA2019-6, addressed the status of independent contractors for an unnamed virtual marketplace company (VMC) and took a more expansive view of independent contractors than the WHD’s approach during the Obama Administration.… Continue Reading

Employers may be interested in requiring or incentivizing their workforces to get vaccinated against COVID-19 in order to help curb the potential spread of the virus in the workplace.  Before undertaking such a program, employers should stop and think about the legal considerations that will influence how such programs are structured.… Continue Reading

On January 26, 2021, the U.S. Department of Labor (DOL) suspended the Final Rule on tipped employees that it had issued on December 22, 2020. The Final Rule would have clarified tip-pooling for employees in the food service and hospitality industry, as well as how the tip credit applied to employees who perform both tipped and non-tipped duties.… Continue Reading