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    Wage and Hour Laws A State-By-State Survey, 2023 Update

    Edited by Gregory Keith McGillivary, Loren Donnell, Jeremy J Glenn, Timothy G Williams, Timothy Joseph Long, et al.

    Wage and Hour Laws A State-By-State Survey, 2023 Update

    Wage and Hour Laws A State-By-State Survey, 2023 Update

    Edited by Gregory Keith McGillivary, Loren Donnell, Jeremy J Glenn, Timothy G Williams, Timothy Joseph Long, et al.

    A State-by-State Survey covers wage and hour laws, wage payment laws, and common law wage actions that are used throughout the nation. It covers all 50 states, plus the District of Columbia and Puerto Rico.

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    This is the third edition of the treatise detailing on a state-by-state basis the wage and hour laws in the 50 states, the District of Columbia and Puerto Rico. This treatise includes a new section entitled "Portal-to-Portal" to address the impact of the Supreme Court's decision in Integrity Staffing Solutions, Inc. v. Busk, 574 U.S., 135 S. Ct. 313. 190 L. Ed.2d 410 (2014), which addressed the application of the Fair Labor Standards Act's (FLSA) Portal to Portal Act and determined that time controlled by the employer was not necessarily considered to be compensable work time under the FLSA. Some states follow the FLSA's portal to portal provisions and some do not.

    It addresses the following wage and hour issues arising under state law:

    • Minimum wage and overtime laws
    • Timing, place, and manner of payments to employees
    • Mandatory payments in addition to overtime, such as shift differentials and reimbursement for tools and uniforms
    • Prohibitions on hours worked and mandatory leave, such as the requirement to provide paid sick leave
    • Child labor
    • Recordkeeping/posting requirements
    • Occupations with special rules, such as those in public safety
    • Common law theories to recover unpaid wages, defenses, and remedies
    • Enforcement and remedies of workers statutory protections, including injunctions, and private and state enforcement actions
    • Special litigation issues, such as the availability of Rule 23 class actions, double or treble damages, and attorney’s fees and costs.

    In addition, the Third Edition has added the timely topic of join employment as the rules in some states regarding join employment differ from the federal rule under the FLSA.

    The Third Edition also addresses new issues related to service charges for tipped employees. For instance, courts in Hawaii and Massachusetts have held that if an employer fails to notify customers that it will take a portion of the service charge, the entire service charge must be paid to the tipped employees.

    The Third Edition also specifically addresses whether states require the payment of so-called gap time for hours an employee works under the overtime threshold of 40 hours a week. Some states expressly require the payment of gap time, whereas there are conflicting decisions on this under the FLSA.

    Product Details

    ISBN

    9781682678176

    Page Count

    2622

    Product Code

    LL23WHLS01PDF

    Trim Size

    E-Book

    Publication Date

    1/1/2024 12:00:00 AM

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