Last week, the United States Supreme Court ruled that, no matter how much an employee earns per year, the primary exemptions to federal overtime pay requirement do not apply unless the employee is guaranteed to receive at least $455 per week for any week in which he or she performed…
The Third Circuit recently addressed when a bonus an employee receives from someone other than his or her employer counts toward the employee’s “regular hourly rate” of pay under the Fair Labor Standards Act (“FLSA”). The FLSA is a federal law that, among other things, requires employers to pay most…
Today, New Jersey’s Acting Governor Sheila Oliver signed an amendment to New Jersey’s wage and hour laws that makes several extremely important improvements. The amendment impacts several New Jersey laws, most importantly the Wage & Hour Law (“WHL”) and the Wage Payment Act (“WPA”). The WHL is a statute that…
The Third Circuit Court of Appeals recently ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay employees for breaks during the workday that are no longer than 20 minutes long. American Future Systems, which does business as Progressive Business Publications, publishes and sells business publications. Progressive pays…
In a recent ruling, the Third Circuit Court of Appeals concluded that an arbitration agreement did not prohibit an exotic dancer from pursuing her overtime and minimum wage claims in court. Alissa Moon worked at the Breathless Men’s Club, which is in Rahway, New Jersey. The Club treated her as…
Starting on January 1, 2017, the minimum wage has increased in New York State, New York City and New Jersey. Specifically: New Jersey The minimum wage has increased from $8.38 to $8.44 per hour as a cost of living increase. Under New Jersey law, there will be additional cost of…
A recent ruling from the United Stated Third Circuit Court of Appeals in a wage and hour lawsuit holds that an employer cannot use the fact that it voluntarily paid its employees during their lunch to offset periods when employees worked but were not paid. The Third Circuit is the…
The Second Circuit Court of Appeals recently ruled that the parties to a lawsuit cannot agree to dismiss a case under the Fair Labor Standards Act (“FLSA”) as part of a settlement unless they have the approval of a Judge or the United States Department of Labor (“DOL”). The FLSA…
Yesterday afternoon, New York States’ Fast Food Wage Board approved a set of three resolutions that recommend raising the minimum wage for employees who work for fast food chains to $15 per hour. This would be $6.25 more than New York’s current $8.75 minimum wage. The Fast Food Wage Board…
A recent decision by the Second Circuit Court of Appeals makes it more difficult for unpaid interns to successfully bring overtime and minimum wage claims under the Fair Labor Standards Act (“FLSA”) and New York State’s wage and hour law. The FLSA is a federal law that requires employers to…