Final COMPS Order Ushers in Near-Universal Coverage, Salary Threshold for Exemptions

By Carissa Davis Colorado has issued a new wage order titled, Colorado Overtime and Minimum Pay Standards Order #36. (“COMPS Order”). This Order replaces Colorado Minimum Wage Order #35 and is set to institute significant changes affecting minimum wage, wage deductions and credits, overtime compensation, and other important wage and hour issues. Unlike previous wage […]

Proposed Replacement for Colorado Minimum Wage Order Promises Big Changes for Employers

By Brooke Colaizzi The Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics has released its proposed replacement for the annual Colorado Minimum Wage Order, and if adopted, it will bring significant changes to Colorado employers’ wage and hour obligations. The proposed Order is called the Colorado Overtime & Minimum Pay Standards […]

NLRB Serves Up An Epic Ruling For Employers

By Patrick Scully In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner lawfully compelled its employees to sign a revised mandatory arbitration agreement.  The employer, an operator of Latin-themed […]

Should Employers Keep Wage and Hour Records for Independent Contractors?

By Bill Wright The Department of Labor successfully stated a claim for record-keeping violations against a franchisor, because the franchisor failed to keep records on the hours worked by the specific individuals actually performing work under the franchise agreements.  Using a franchise agreement, a janitorial company engaged corporations – and only corporations – to provide […]

The More Things Change… The More They Stay The Same.

By Chance Hill On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide variety of topics under the Fair Labor Standards Act (FLSA). Such letters respond to specific questions submitted to the DOL’s Wage and Hour Division (WHD) and constitute an important form of guidance for […]

Salary Threshold Regs Un-enjoined?

By John Alan Doran Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these regulations doubled the salary threshold for the so-called white collar exemptions, thereby rendering millions of workers eligible for overtime.  But, […]

DOL Trashes Obama-Era “Guidance”

By John Alan Doran Wednesday the DOL announced that it was withdrawing two critical pieces of “guidance” issued under the Obama administration.  The first piece addressed the DOL’s rather narrow view of who is an independent contractor (S&H Blog Post: DOL Says Employers Are Morons). The second piece established an extremely broad view of joint […]

College Athletes (Still) Not Employees

By Lindsay Hesketh The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law.  On April 25, 2017, the Court dismissed a proposed class action brought by a former University of Southern California football player.  The suit was against the NCAA and PAC-12 Conference for […]

AZ Supremes: Prop 206 Is Law

By John Alan Doran Yesterday the Arizona Supreme Court issued a death knell to the pending legal challenge to Prop. 206.  As you will recall from our blog post, last November our citizenry passed a referendum that raised the minimum wage and imposed mandatory paid leave on employers. The minimum wage hike took effect in January, […]