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50 Years of ERISA Preemption: Where Do We Stand? [CC]
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:
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.
Gregory Keith McGillivary, Loren Donnell, Jeremy J Glenn, Timothy G Williams, Timothy Joseph Long, Charles P Yezbak III
9781682678176
2622
LL23WHLS01PDF
E-Book
1/1/2024 12:00:00 AM
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