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 […]
With Senate Confirmation of NLRB Member John Ring, NLRB Shifts to Republican Majority
April 11, 2018
Today, the Senate, voting along party lines 50 to 48, confirmed John Ring as a member of the National Labor Relations Board. With Ring’s confirmation, the five-member NLRB is now fully staffed with a 3-2 Republican majority membership. Ring, a […]
As we previously reported, on July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees. Fair share fees are those fees that are proportionate to the union’s costs associated with collective bargaining, […]
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 […]
McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 22, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees. We previously reported on this case in both 2014 and […]
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. […]