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  • Tuesday, February 20, 2024
    On October 27, 2023, two individuals represented by attorney Melanie Wilson Rughani of the Oklahoma-based law firm Crowe & Dunlevy filed Initiative Petition No. 446, which proposes a dramatic increase in Oklahoma’s minimum wage over the coming years. But the petition faces a serious legal hurdle before it makes its way to the ballot
  • Wednesday, February 7, 2024
    The Biden administration recently announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors. 
  • Tuesday, January 30, 2024
    The U.S. Court of Appeals for the Second Circuit (which covers employers in Connecticut, New York, and Vermont) recently reinstated an overtime pay claim by former employees of a high-end fashion retailer in New York. The employees alleged their regularly scheduled workweek included more than 40 hours per week of work. They claimed they were entitled to overtime pay under the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) because their employer misclassified them as managerial employees even though their actual job duties were not managerial.
  • Tuesday, January 16, 2024

    We all know that wages are due upon termination of employment. But during the COVID mandatory leaves and shutdowns, when did employment end, and when were final checks due? In one of an ongoing series of decisions following the COVID business disruptions, the U.S. 9th Circuit Court of Appeals (which covers employers in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington) answers that question and more.

    View all Paychecks News.
  • Tuesday, January 2, 2024

    There are three broad categories of deductions employers make from employee paychecks. The first, legally required deductions, comes in the form of income tax and wage garnishments. The second, deductions on employees’ behalf, is withholdings for insurance premiums or charitable contributions. The third category—and the focus of this column—is deductions for the employer’s benefit. Employers may seek to take deductions for overpayment, employee theft, or docking for cash shortages and breakage. When doing so, you must follow both federal and state law to avoid possible penalties and liquidated damages.

  • Tuesday, December 19, 2023
    Employers looking to use severance plans when conducting layoffs should heed the lessons learned in a recent decision from the U.S. 4th Circuit Court of Appeals (which covers employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia). The appeals court considered three questions: whether the employer validly eliminated its severance plan before discharging the employees, whether certain employees who signed a stay bonus letter agreement (SBLA) waived their claims against the employer, and whether four employees received adequate notice under the Worker Adjustment and Retraining Notification (WARN) Act before they were discharged.<
    View all Layoff News.
  • Tuesday, December 12, 2023
    Employers using time clocks frequently round time to the nearest quarter or tenth of an hour. This is permissible as long as it averages out that the time rounded down is offset by the time rounded up. However, the U.S. Court of Appeals for the 8th Circuit (which covers employers in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently ruled that if the time rounded doesn’t average out, then the employer is underpaying employees in violation of the Fair Labor Standards Act (FLSA).
    View all Overtime News.
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