According to the Prevailing Wage Act, in June of each year, all public bodies are required to investigate and ascertain the prevailing rate of wages within their jurisdiction and take action to publicly post those determinations. In the event a […]
Category: Wage and Hour Insights Blog
Two Seventh Circuit Cases Clarify Necessity of Termination Hearings for Public Employees
May 8, 2018
When is a hearing required in order to terminate a contracted public employee? The Due Process Clause of the 14th Amendment to the United States Constitution prohibits the government from taking away an individual’s property without a hearing, and an […]
As mentioned previously here last summer, the U.S. Department of Labor’s Wage & Hour Division has brought back the Opinion Letter, the process previously used by attorneys and HR professionals to obtain guidance from the WHD. The DOL dropped the […]
Employers Can’t Use Salary History to Defend Pay Gap
April 12, 2018
On Monday, April 9, 2018, the day before Equal Pay Day, the Ninth Circuit Court of Appeals held that employers cannot use an employee’s past salary to justify paying women less than men under the federal Equal Pay Act (EPA). […]
New Tip Pool Rules – Changes to the FLSA and DOL Guidance
April 11, 2018
If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in with […]
Earlier today (April 2, 2018), the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt from overtime under the Fair Labor Standards Act (“FLSA”). Today’s ruling in Encino Motorcars LLC v. Navarro […]
What to Make of the DOL’S PAID Program
March 21, 2018
You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program. Under this program, the DOL invites employers to voluntarily audit their payroll practices and disclose any “non-compliant practices” to the DOL. […]
The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public access to extensive records […]