By: Paxton Moore and Rob Whitman
Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the state’s employers.
Under a recently enacted New York statute, wage theft is considered a form of “larceny” under the state’s penal law.
Continue Reading Wage Theft Now A Form Of Larceny In New YorkTips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.
By: Ariel Cudkowicz and Michael Steinberg
Seyfarth Synopsis: The Connecticut General Assembly failed to pass a proposal to eliminate the tip
Continue Reading Tips from Seyfarth: Connecticut General Assembly Fails to Pass Tip Credit Elimination Bill
By Kevin M. Young and Scott P. Mallery
Seyfarth Synopsis. Democrats in the U.S. House and Senate have reintroduced a bill to increase the federal minimum wage to $15 for virtually all non-exempt workers. While the “Fight For Fifteen” has made several trips to Congress before, the circumstances are much different this time around. While the proposed law likely won’t
Continue Reading The Fight For $15 Returns to Congress
By Andrew Scroggins and Kerry Friedrichs
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour laws.
As coronavirus continues to spread around the globe, its economic effects have grown more far-reaching. Some companies are confronting
Continue Reading If Your Remedy For Workplace Coronavirus Issues Affects Pay, Don’t Compound The Harm With A Wage Law Violation
Co-authored by Alex Passantino and Kevin Young
On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the efficient resolution of overtime and minimum wage claims under the FLSA. The program will be conducted for a six-month
Continue Reading Tired of Waiting for FLSA Litigation? Meet PAID, WHD’s Pilot Program For Proactive Employers.
Co-authored by Kevin Young and Kara Goodwin
Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford employees freedom and flexibility, instead trip over one of many hurdles scattered across the
Continue Reading The Road to FLSA Litigation is Often Paved With Good Intentions
Co-authored by Howard M. Wexler and Robert S. Whitman
Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum wage to employees who receive the bulk of their pay in customer tips.
As we
Continue Reading NY Governor Signals “Tipping” Point Over Elimination of Minimum Wage Tip Credit
Authored by Robert Whitman
Seyfarth Synopsis: The Second Circuit has upheld summary judgment against magazine interns seeking payment as “employees” under the FLSA.
In an end-of-semester decision that may represent the final grade for unpaid interns seeking minimum wage and overtime pay under the FLSA, the Second Circuit has firmly rejected claims by Hearst magazine interns challenging their unpaid status.
Continue Reading Interns Flunk the Class
Co-authored by Noah Finkel and Cheryl Luce
Seyfarth Synopsis: On Monday, the DOL issued a Notice of Proposed Rulemaking announcing rescission of a rule that regulates tip pooling by employers who do not take the tip credit.
The DOL has issued a Notice of Proposed Rulemaking regarding the tip pooling regulations of the Fair Labor Standards Act. The FLSA
Continue Reading Department of Labor’s Wage and Hour Division Proposes to Nix Unpopular Tip Pooling Rule
Authored by Cheryl Luce
Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions.
Throughout the year, we have been covering cases that show how the FLSA has been construed by courts as “remedial