Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Wage and Hour

Photo of Lorraine Hoffman
Dec 23 2019
Q&ALeave LawsWage and Hour  

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a…

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Photo of Matt Norris
Dec 23 2019
Wage and Hour  

Department of Labor updates “regular rate” rules

The U.S. Department of Labor (DOL) has updated its guidance on the “regular rate” requirements under the Fair Labor Standards Act (FLSA). Under the FLSA, employers must pay workers overtime of at least one-and-a-half times the “regular rate” for hours worked beyond 40 hours per workweek. The regular rate could just be a worker’s normal…

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Photo of Matt Norris
Dec 13 2019
Wage and Hour  

ALERT: Washington changes salary and duties tests for exempt employees

On December 11, 2019, Washington’s Department of Labor and Industries (L&I) announced major changes to Washington’s minimum salary requirements for exempt workers and to the “duties test” for executive, administrative, and professional workers, which will be effective July 1, 2020. As Vigilant previously reported, when L&I first proposed these rules, Vigilant submitted comments suggesting…

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Photo of Karen Davis
Nov 21 2019
Wage and Hour  

Oregon employers must ensure workers take meal periods

The Oregon Court of Appeals has ruled that employers have a duty to ensure that workers actually take the meal periods required by state regulations. With limited exceptions, the Oregon Bureau of Labor and Industries (BOLI)’s regulations on meal and rest periods require employers to provide a 30-minute unpaid meal period for…

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Photo of Karen Davis
Sep 25 2019
Wage and Hour  

EEOC doesn’t intend to seek pay & hours data for 2019 or beyond

The U.S. Equal Employment Opportunity Commission (EEOC) says it needs time to analyze the 2017 and 2018 data on worker pay and hours it’s currently collecting, and therefore doesn’t intend to ask for such data in future years. The agency has also come to the conclusion that it grossly underestimated the amount of…

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Photo of Lorraine Hoffman
Sep 20 2019
Wage and Hour  

Q&A: Directly sharing wages with other companies is illegal

Question: Our plant manager asked the managers of the other operations in our business park to share what they’re paying for forklift operators and what they’re planning for wage increases this year. He’d like to make sure that we remain competitive; is his informal survey of these local companies okay?   Answer: Absolutely not! Antitrust laws…

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Photo of Lorraine Hoffman
Aug 29 2019
Leave LawsWage and Hour  

Q&A: Denying perfect attendance bonus to FMLA users can spell trouble

Question: We have a “no-fault” attendance policy, which means that if an employee doesn’t show up for a scheduled shift, they get a point. We’re careful, however, not to penalize, discipline, or terminate anyone for using protected leave (such as paid sick leave or FMLA). Instead, we incentivize employees. If an employee reaches the…

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Photo of Matt Norris
Aug 06 2019
WebinarLeave LawsWage and Hour  

Webinar: Oregon Legislative Update 9/12/19 - Register now!

  WHAT EMPLOYERS NEED TO KNOW Thursday, September 12, 2019 10-11 a.m. Pacific / 1-2 p.m. Eastern   Oregon employers are facing a wave of new state employment laws after the 2019 Legislative Session. Many are still trying to figure out how to sort through all the new rules, and asking questions such as: What changes do we…

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Photo of Karen Davis
Jul 31 2019
Wage and Hour  

EEO-1 portal now open for filing data on pay and hours

Employers with 100 or more employees can now file “Component 2” of the EEO-1 Report, which covers pay and hours worked during 2017 and 2018. The deadline for filing the report is September 30, 2019.   The requirement to file Component 2 data applies to companies with at least 100 employees on an employer-chosen…

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Photo of Sean Brown
Jul 16 2019
Wage and Hour  

California employers must pay, even for brief periods of work

Nonexempt employees must be paid for all time worked under California’s Labor Code, even very brief periods of work, according to a recent opinion from the Ninth Circuit Court of Appeals. In general, nonexempt employees (often called hourly employees) must be paid for all time spent performing work, but federal law…

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