California Employees Seeking Pay for Time Spent Taking Temperatures

On March 15, 2021, California employees of The Merchant of Tennis, Inc. filed a class action lawsuit for various wage claims including failure to compensate non-exempt employees for undergoing COVID-19 temperature checks at the beginning of each work day

Aaron ChaetCampbell Litigation, P.C.March 25, 2021class action, Wage and Hour, Wage Claims, Waiting TimeComment

The U.S. Department of Labor Proposes a New Economic Reality Test to Determine When Workers Classify As Independent Contractors or Employees

The Wage and Hour Division of the U.S. Department of Labor (“DOL”) proposed a new rule, amending the Fair Labor Standards Act (“FLSA”) to make it easier to determine whether workers are independent contractors or employees and covered under federal minimum wage and overtime laws.

Department of Labor’s Clarifies Weekly Hourly Requirements and Salary Deductions For Fluctuating Workweek Calculation in a New Opinion Letter

On August 31, 2020, the Department of Labor’s Wage and Hour Division (“WHD”) issued an opinion letter (the “Opinion Letter”) regarding the workweek fluctuation method. The Opinion Letter clarifies that employees’ hours do not need to fluctuate below 40 hours per week to qualify for the fluctuating workweek calculation method.

U.S. Labor Department Issues Guidance to Remind Employers of Obligation to Track Hours Worked Remotely

This week, the U.S. Department of Labor issued guidance regarding employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track the number of hours of compensable work performed by employees, including work performed remotely or away from their employers’ worksite.

Johnathan KoonceCampbell Litigation, P.C.August 27, 2020FLSA, Overtime, COVID-19, Telework, Remote Work, Wage and HourComment

Colorado Rejects Codifying a Joint Employer Definition

On May 25, 2020, the Colorado Department of Labor and Employment (“CDLE”) issued the final Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36.

The U.S. Department of Labor Issues New Regulations Implementing the Family First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division published its temporary rule issuing regulations to implement and clarify protections provided by the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which are both part of the recently passed Families First Coronavirus Response Act (“FFCRA”) in response to the coronavirus disease 2019 (“COVID-19”).

Johnathan KoonceCampbell Litigation, P.C.April 2, 2020COVID-19, Coronavirus, Paid Leave, Sick Leave, FMLA, FFCRA, DOL, Wage and HourComment

Colorado Wage and Hour Update: Denver Minimum Wage Increased on Very Short Notice, with Major Changes in Colorado Wage and Hour Law Expected in 2020

Johnathan KoonceCampbell Litigation, P.C.December 6, 2019Wage and Hour, Colorado Wage Act, Department of Labor, Labor and EmploymentComment

Colorado’s Minimum Wage to Increase in 2020, and Employers Should Brace for Patchwork of Differing City-Based Minimum Wages in the Future

Colorado employers should prepare for an increase in the state minimum wage from $11.10 to $12.00 per hour, and from $8.08 to $8.98 per hour for tipped employees, effective January 1, 2020. The 2020 increase is the final currently-planned wage increase under Amendment 70 of the Colorado Constitution. After 2020, the state minimum wage will be adjusted annually for cost of living increases.

Dan CombsCampbell Litigation, P.C.November 14, 2019Wage and Hour, Minimum Wage, Colorado Wage Act, Employment LawComment

Marijuana Businesses Must Comply With Federal Wage and Hour Laws

The U.S. Court of Appeals for the Tenth Circuit recently held that employers engaged in commercial cannabis activities must comply with wage and hour requirements under the Fair Labor Standards Act (“FLSA”).

U.S. Department of Labor Announces Employer-Friendly Proposed Rule for Tip Provisions

The U.S. Department of Labor (DOL) announced a proposed tip-pooling rule that would give certain employers more flexibility in distributing pooled tips. Under the proposed rule, employers who do not take a tip credit and pay employees the full minimum wage may include employees who are not customarily and regularly tipped employees, such as back-of-house employees like dishwashers and cooks, in a mandatory tip pool.

Appeals Court Rules That McDonald’s Is Not a Joint Employer of Franchise Workers

A Ninth Circuit Court of Appeals panel rejected McDonald’s franchise employees’ attempt to hold McDonald’s Corp. liable as a joint employer for alleged wage and hour violations, reasoning that the franchisee alone exerted control over the employees.

Dan CombsCampbell Litigation, P.C.October 3, 2019franchisor, franchisee, Employer, Wage and Hour, Joint Employer LiabilityComment

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