The Massachusetts Attorney General’s Office, along with several other states, is challenging retail stores’ use of “on call” shifts. This month, Massachusetts joined with California, Connecticut, the District of Columbia, Illinois, Maryland, Minnesota, New York and Rhode Island to send requests for information regarding the use of “on call” shifts to 15 national retailers that
Statistical Samples May Establish Employer Liability in Class Action Lawsuits
In Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court held that statistical or representative evidence could be used by a class of employees to prove liability for an employer’s failure to pay them for donning and doffing protective gear in violation of
Federal Government to Seek Salary And Pay Information From Large Employers to Address Gender Pay Gap
Seven years after the Lilly Ledbetter Fair Pay Act was signed into law, the Obama Administration has announced additional steps to address the gender pay gap in this country. Specifically, the Equal Employment Opportunity Commission (EEOC) has proposed changes to the Employer
U.S. Department of Labor Issues New Guidance on Joint Employment
It is no surprise that businesses often struggle with categorizing workers as employees versus independent contractors. The U.S. Department of Labor’s (“USDOL”) latest guidance highlights a similar challenge businesses face, but may overlook, especially those using staffing agencies or hire temporary workers to supplement their workforces: the issue of joint employment. On January 20, 2016,
2015’s Top 10 Wage and Hour Violations
David Letterman is retired, but the end of every year brings a new, or not so new, top 10 list of wage and hour violations. The list is prepared by the NH Department of Labor’s Wage and Hour Division, which dutifully keeps track of the various infractions committed by employers. Large and small employers alike
Are you ready for these 2016 changes to Massachusetts Wage and Hour Laws?
When the ball drops on New Year’s Eve two important changes to Massachusetts wage and hour law will take place.
The first change is that the Massachusetts minimum wage will increase to $10.00 per hour effective January 1, 2016. For tipped employees, the minimum wage is increasing to $3.35 per hour. (The service rate is
The Wait is Over: New FLSA Regulations Issued by USDOL
The wait is over; well sort of. In March 2014 President Obama directed the US Department of Labor (“DOL”) to review the so-called “White Collar” exemptions under the Fair Labor Standards Act (“FLSA”) to determine whether they were in need of revision having last been updated in 2004. Today the DOL announced a new proposed
NH DOL’s Top Ten List
Every year the New Hampshire Department of Labor issues a list of the top ten violations found by its inspection division in the previous year. Remarkably, the list does not change much from year to year. The culprits move up and down and switch places, but the same mistakes seem to be made in perpetuity.
Equal Pay Law Change and New Mandatory Poster in Effect January 1, 2015
As discussed by Nicholas Casolaro in his blog post from August, the NH law which goes into effect January 1st relative to equal pay prevents employers from discriminating between employees on the basis of sex by paying employees of one sex
Integrity Staffing Solutions v. Busk, et. al: US Supreme Court Reverses Court of Appeals for the Ninth Circuit: Warehouse Workers’ Time spent in Post-Shift Security Screen Not Compensable
In a unanimous decision, the US Supreme Court once again addressed the issue of whether time the employer requires an employee to do something is compensable under the Fair Labor Standards Act. Integrity Staffing required its warehouse workers whose job it was to retrieve inventory and package it for shipment to undergo an antitheft security screening before leaving the warehouse each day. During the screening, employees removed items such as wallets, keys, and belts and passed through metal detectors. Employees filed suit for unpaid wages arguing that the time spent waiting for and being screened was compensable, in part because they were required by the employer to do so.
Continue Reading Integrity Staffing Solutions v. Busk, et. al: US Supreme Court Reverses Court of Appeals for the Ninth Circuit: Warehouse Workers’ Time spent in Post-Shift Security Screen Not Compensable