By: Kyle D. Winnick and Robert T. Szyba
Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Act that increase employer wage-hour liability are not retroactive.
In Maia v. IEW Construction Group, the New Jersey Supreme Court decided a critical issue in employer’s favor regarding the “look-back”
Continue Reading New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are ProspectiveBy: A. Scott Hecker and Ted North
Seyfarth Synopsis: This alert summarizes the IRS’s recent notice of proposed rulemaking on complying with prevailing wage and apprenticeship requirements under the Inflation Reduction Act and explains key provisions including (i) identification of a qualifying project’s applicable wage determination(s), (ii) penalties for non-compliance, and (iii) the new exception for incorporating Project Labor Agreements.
Continue Reading The IRS – Finally – Publishes a Notice of Proposed Rulemaking Clarifying Inflation Reduction Act Prevailing Wage and Apprenticeship Compliance RequirementsBy: Scott Hecker and Ariel Fenster
On this episode of the Policy Matters Podcast, Seyfarth attorneys Scott Hecker and Ariel Fenster discuss the U.S. DOL Wage and Hour Division’s (“WHD”) resource limitations, and how those are impacting WHD priorities, like child labor law investigations and various significant rulemakings. The low number of investigators leads to high stress and low morale
Continue Reading Policy Matters Podcast – Episode 39: Wage & Hour Division’s Resource Challenges Impacting Enforcement, RulemakingBy A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo
Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”By: Scott Hecker and Scott Mallery
On this episode of the Policy Matters Podcast, Seyfarth Senior Counsel Scott Hecker and Counsel Scott Mallery discuss the Senate HELP Committee’s recent inability to advance U.S. DOL Wage and Hour Administrator nominee Jessica Looman out of committee, this time due to a procedural hiccup that will likely be remedied. The Scotts discuss what
Continue Reading Policy Matters Podcast – Episode 34: President’s Second Nominee for Wage and Hour Administrator Stuck in Committee…AgainBy: Noah Finkel and Scott Hecker
Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division targeted October 2022 for the release of a Notice of Proposed Rulemaking on
Continue Reading October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022
Seyfarth Shaw does it again with the 21st Edition of its annual publication Litigating California Wage & Hour Class And PAGA Actions. This latest iteration continues to be a valuable resource for employers who are navigating the nuances of wage and hour class and PAGA actions in California. As in past editions, the 21st edition covers top legal developments
Continue Reading It’s Here! Seyfarth’s 21st Edition: Litigating California Wage and Hour Class And PAGA Actions
Today marks two additional efforts by President Biden’s Administration to reverse the Trump Administration’s rulemaking. This time, two U.S. Department of Labor rules that were both published in the Federal Register as final rules before President Biden’s inauguration are in the crosshairs. One of the rules concerns when a company might be deemed a joint employer
Continue Reading President Biden’s U.S. DOL Seeks To Rescind The Trump DOL’s Worker Classification Rules
By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer
Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. Employers are therefore well advised to re-evaluate
Continue Reading Expense Reimbursements in the Era of Remote Working
By: Ryan McCoy
Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned whether California courts would find that the preemption was valid. Shortly after the determination was issued, the State of California and several other groups appealed directly to the Ninth Circuit, arguing the
Continue Reading Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers