Archive for the ‘Compensation’ Category

Ninth Circuit Rejects Nike’s De Minimis Argument for Security Screenings

Even if an off-the-clock task, such as an exit inspection, is less than a minute, the de minimis principle likely does not apply under California law, according to the Ninth Circuit. The Ninth Circuit recently revived a class action for unpaid wages under California law against Nike. In Rodriguez v. Nike Retail Servs., Inc., No. […]

22 Jul 19 - Compensation - James W. Ward - No CommentsRead More »

Calculating Nondiscretionary Bonuses in Regular Rate of Pay

The U.S. Department of Labor (DOL) recently issued an opinion letter addressing the calculation of quarterly and annual nondiscretionary bonuses as part of the regular rate of pay. Specifically, whether an employer, under the terms of a collective bargaining agreement, may recalculate the regular rate of pay for each workweek of the bonus period by […]

19 Jul 19 - Compensation - Bianca Saad - No CommentsRead More »

General Contractor Held Responsible for Subcontractor Wage Theft Violations

The Labor Commissioner’s Office issued citations totaling almost $600,000 in unpaid wages and penalties to a Southern California-based construction company. Additionally, the general contractor who subcontracted with that company for a project was held jointly and severally responsible for $68,657 of those citations, pursuant to a law that was passed last year that holds general […]

15 Jul 19 - Compensation - Vannessa Maravilla - No CommentsRead More »

Comment Period Extended for DOL Regular Rate, Joint-Employer Rules

The U.S. Department of Labor (DOL) has extended the comment period for two proposed rules – the regular rate rule and the joint-employer rule. The DOL extended the deadline to provide interested parties additional time to submit comments in response to requests for extension from law firms, unions and advocacy organizations, among others. Proposed Regular […]

15 May 19 - Compensation, Hiring - Katie Culliton - No CommentsRead More »

U.S. DOL Proposes Regular Rate, Joint-Employer Regulations

In the last week, the U.S. Department of Labor (DOL) Wage and Hour Division has proposed two new rules affecting different employer regulation areas, which have not been meaningfully revised for more than 50 years. The DOL proposed a new rule on how employers calculate an employee’s regular rate of pay for purposes of paying […]

10 Apr 19 - Compensation, Hiring - Katie Culliton - No CommentsRead More »