Taking Care of HR Business

A blog from the attorneys of Verrill

Search Blog

Category: Wage and Hour

Maine Employers Must Cease Seeking Compensation History

On April 12, 2019, Governor Mills signed into law  LD 278 , “An Act Regarding Pay Equality.”  Under the new laws (5 M.R.S.A. § 4577; 26 M.R.S.A. § 628-A) employers may not “use or inquire about the compensation history of a prospective employee from the prospective employee or a...
Go

DOL’s Proposed Rule Making on Regular Rate of Pay

The U.S. Department of Labor’s Wage and Hour Division recently announced a proposed rule updating regulations governing what items are included in an employee’s regular rate of pay.  This constitutes the first update to the definition of the regular rate of pay in over fifty years. Under the Fair...
Go

Breaking: DOL Unveils Proposed Changes to FLSA Overtime Pay Requirements

Yesterday, March 7, 2019, the United States Department of Labor (DOL) unveiled a  proposal  to change the Fair Labor Standards Act (FLSA) as it applies to non-exempt employees eligible for overtime.  The proposed change increases the required weekly salary to maintain an exempt position from the current $455 per...
Go

New Episodes in our HR Law 101 Podcast Miniseries: Understanding the HR Basics

Whether you’re the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
Go

A Podcast Miniseries, HR Law 101: Understanding the HR Basics

Whether you’re the founder of a startup, new to HR, or are looking for a refresher on some of the basics, this podcast miniseries will provide you with the building blocks necessary to successfully achieve a healthy and compliant employer/employee relationship. In each episode, Verrill Dana labor and employment...
Go

Dear Byron: Let's Talk About Prior Salary

[Letter to Byron D. Verrill, who in 1862 began the law practice known today as Verrill Dana, LLP] Dear Byron D. Verrill: When I’m interviewing applicants for a new position is it okay for me to ask about prior or current salary at other employers? Thanks, Hugh Gotthis Dear...
Go

Unpaid Labor: Focus Shifts from Hollywood to Baseball to Church

In the past we have focused a lot on volunteer labor. The fact that generally an individual cannot “volunteer” to work for a for-profit business. The days of unpaid internships where someone volunteers their time to gain valuable experience has long since passed with the necessity that the individual...
Go

Does Massachusetts’s Pay Equity Law Change the Game?

On July 1, 2018, Massachusetts Pay Equity law takes effect requiring all employers to pay men and women equally for comparable work—a phrase that is different from many similar statutes that have gone into effect over the course of the last few years.  What are the key points that...
Go

Massachusetts Equal Pay Act: 6 Things Employers Need to Know

In the latest episode of Verrill Voices, labor and employment attorney Tawny Alvarez discusses best practices for complying with the upcoming amendments to the Massachusetts Equal Pay Act (MEPA), which was initially passed in order to establish pay equity among employees of different genders. Within the podcast Tawny covers...
Go

On Air with Ken and Matt: An Employment Law Update

In case you missed it, labor and employment attorneys Benjamin Ford and Tawny Alvarez were live on air in the Newsradio WGAN studio on the morning of Friday, December 22, discussing the firm's upcoming 2018 Annual Employment Law Update on January 25 in Portland. The morning news segment with...
Go

Full-Day Conference to Address Labor & Employment Changes from the New Administration

The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them. “Employers need practical...
Go

Podcast: Employment Policies in the Trump Administration

In this Verrill Voices podcast, labor and employment attorneys Tawny Alvarez and Richard Moon discuss recent administrative and legislative developments, how they affect employers generally. More specifically, they discuss the current position in which the Department of Justice and the EEOC are taking separate and distinct positions on the...
Go

FLSA Exempt Salary Adjustment Update

On Thursday, Judge Amos Mazzant of the Eastern District of Texas issued an order concluding that the Department of Labor’s amendments to the FLSA—increasing the minimum salary threshold from $23,660 annually to $47,476.00 in order to qualify as exempt—were invalid.  Specifically, the Memorandum Opinion and Order found the plaintiffs...
Go

Podcast: Affinity Groups in the Workplace

While affinity groups can be a great marketing tool for employers to attract and retain workers, as well as to foster new ideas, they can also create a great deal of legal liability. For some background, affinity groups are generally formalized groups that share similarities of some sort, whether...
Go

Connecticut Pay Equity Bill Moves Forward

Earlier this week, bill HB5591 , which has been touted as legislation that will help to close the gender pay gap between Connecticut employees, cleared the House of Representatives with a vote of 139-9.  The bill, unlike the Massachusetts law that goes into effect next year, does not include...
Go

Effective October 1, CT Employers Can Use Payroll Cards to Pay Wages

09/30/2016On June 7, 2016, Connecticut Governor Dannel Malloy signed into law Public Act 16-125 , which allows employers to pay employees using payroll cards and to deliver certain wage and hour information to employees by electronic means. The new law takes effect on October 1, 2016. For a recent...
Go

FLSA Overtime Guidance for Educational Institutions

You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many education institutions will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for education institutions of all sizes, whether at the elementary...
Go

Final FLSA Overtime Rule: Guidance for Non-Profit Employers and Board Members

You likely received notice that the U.S. Department of Labor released its final overtime regulations on May 18. Many non-profits will now be required to take steps to revise their pay practices and work distribution. This poses difficulties for non-profits of all sizes, including those that are funded by...
Go

FINALIZED Overtime Rule: How does it impact you?

The Department of Labor released its long-awaited final overtime regulations today. The most significant impact of the new regulations is that they more than double the salary threshold for classifying an employee as exempt from the overtime requirement to $47,476. While slightly less than originally anticipated, this is still...
Go

White Collar Salary Level Update: Maine Senator Angus King Weighs In

MaineBiz reports that yesterday U.S. Senator Angus King wrote a letter to the Office of Management and Budget voicing his concerns on the DOL’s proposed increase in the overtime threshold.  More information regard the increase is available here and here.  
Go

Women Footballers Ask EEOC to Give the Boot To Wage Discrimination

Interesting story that developed on Wednesday: some of the biggest names in U.S. women’s soccer filed a wage discrimination claim with the EEOC, contending that the U.S. Soccer Federation pays them almost four times less than members of the men’s team, despite the women generating nearly $20 million more...
Go

Mandated Paid Sick Leave Will Start Flowing in the Sugar Maple State in 2017

Yesterday, March 9, 2016, Vermont Governor Peter Shumlin signed into law a bill that will require paid sick leave to be offered to an estimated 60,000 workers throughout the state. The Governor noted that the “law will provide dignity for employees, a more productive workforce for employers, and a...
Go

Roses are Red, Violets are Blue, Greeting Card Giant Settles Class Action Suit

Last week American Greeting Corporation settled a wage and hour class action under the FLSA and California state wage and hour laws in Smith v. American Greetings Corp. , No. 3:14cv02577 (N.D. Cal. Jan. 29, 2016). Additionally Plaintiffs brought claims under the California Private Attorneys General Act which permits...
Go

Dear John, Number Two

Loyal blog readers may recall our post last August reporting on an Ohio company that required its workers to swipe into and out of the restroom at work , so as to monitor the amount of time spent on bathroom breaks. Predictably, that policy was not one tolerated by the...
Go