Topics Wage/Hour

The Timekeeper - A Quarterly Guide to Developments in Wage/Hour Law - Spring 2018 | Issue 1

Date   Mar 30, 2018

The Timekeeper - A Quarterly Guide to Developments in Wage/Hour Law

Spring 2018 | Issue 1                   

Welcome to the inaugural issue of FordHarrison's newest publication, The Timekeeper - A Quarterly Guide to Developments in Wage/Hour Law, brought to you by the Wage/Hour Practice Group. Each quarter, FordHarrison's Wage/Hour Practice Group members will provide subscribers with updates on the DOL, the latest in case law, and insight into wage and hour developments. 

We know that labor and employment is only one component of the numerous responsibilities placed in the hands of in-house counsel and human resource personnel. Our goal with The Timekeeper is to take some of the burden off your shoulders by utilizing our resources to keep a watchful eye on the important wage and hour issues that could affect you and your employees, and providing you with a quarterly resource that can assist you in staying current.

During the Obama administration the Department of Labor's Wage and Hour Division took an expansive interpretation of the law and focused heavily on enforcement.  A number of the DOL's initiatives were challenged in court by business groups.  The pendulum is swinging the other way under the Trump administration, where it appears there will be more emphasis on education and voluntary compliance.

In the face of a stalemate in Congress on wage and hour issues such as an increase in the minimum wage, state and local governments have acted on their own.  As of January 1, 2018, there are 29 states with a higher minimum wage than the federal minimum with upward pressure from organizations like Fight For $15.  

There has been an explosion of class and collective action wage-and-hour lawsuits filed in federal and state courts by the plaintiffs' bar which is expected make up for any reduction in regulation or enforcement under the Trump administration.  Wage and hour compliance and litigation are major concerns for the business community.

In the coming months a number of developments are expected that will impact wage and hour law including:  rulemaking on tips, a new overtime rule, and a U.S. Supreme Court decision on the enforceability of class and collective action waivers in arbitration agreements.

We hope you find this publication useful. If you have questions or suggestions on content that you would like to see in future issues, please feel free to reach out to us at

Effective wage and hour compliance starts before plaintiffs' attorneys or governmental enforcement agencies come knocking on your door.

wage/hour News & Events

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

March 16, 2018

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander's LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers.

Getting "PAID" Just Got Easier: The DOL Rolls out a Pilot Initiative to Streamline the Resolution of Wage and Hour Violations

March 12, 2018

On March 6, 2018, the Wage and Hour Division (W&HD) of the U.S. Department of Labor (DOL) rolled out a new nationwide pilot initiative, called the Payroll Audit Independent Determination program—or "PAID."

Read More

California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems

March 6, 2018

On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee) in the calculation of overtime.

Read More

Second Circuit Provides Guidance on Intern-Employee Test

March 5, 2018

On December 8, 2017, the United States Court of Appeals for the Second Circuit (which has jurisdiction over federal district courts in Connecticut, New York and Vermont) ruled in favor of an employer, holding that six unpaid interns were not "employees" for purposes of the Fair Labor Standards Act (FLSA).

Read More


March 22 - Winning on the Front End: Implementing Wage-Hour Policies to Best Defend Against Class and Collective Actions

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