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Legal Considerations When Accepting a Draw ( December 2006 )
Sales representatives and principles sometimes enter into relationships in which the principle recognizes that for whatever reason, the future sales by a sales representative may be sporadic or unpredictable. In order to alleviate the cash flow concerns sales representatives encounter, the principle agrees to pay a set bi-weekly or monthly stream of income, otherwise known as a draw. There are several critical legal issues of which salespersons should be aware when accepting a draw. It may or may not be a friendly arrangement. -
Wisconsin Department of Workforce Development, Equal Rights Division Increases Minimum Wage Effective June 1st ( August 2005 )
Recognizing that the federal minimum wage has fallen to its lowest inflation-adjusted value of all time, and commenting that wages are "so low that workers and their families can't afford their most basic needs," the Wisconsin Department of Workforce Development, Equal Rights Division ("ERD") amended its labor standards rules to make significant changes to the state minimum wage requirements, including an increase to minimum wages. -
Florida's Minimum Wage Takes Effect May 2, 2005 ( May 2005 )
Effective May 2, 2005 employers in Florida must pay hourly employees $6.15 per hour and tipped employees $3.13 per hour. The provisions of the Florida Minimum Wage dictate costly penalties for noncompliant employers. -
New Jersey Raises Minimum Wage ( May 2005 )
On April 12, 2005, Acting Governor Richard J. Codey signed a bill into law which will increase New Jersey's minimum hourly wage to $7.15 over the next two years, $2.00 higher than the current federally-mandated $5.15 minimum hourly wage. The New Jersey minimum wage will increase to $6.15 per hour on October 1, 2005, and then to $7.15, effective October 1, 2006. -
SB 975: Is it Bad News for California Real Estate Development? ( October 2004 )
The implications of this new law are significant because paying prevailing wages is likely to increase the average cost of a development project. This article discusses the prevailing wage law both before and after SB 975, and analyzes possible exemptions both within and outside of the statute. It also surveys current legislative and constituent responses to SB 975 and presents potential strategies for coping with the new law, from a Developer's perspective. -
Wage Act Claims ( May 2004 )
The Massachusetts Wage Act (the “Wage Act”) provides protections for employees by requiring the prompt payment of wages within six (6) days of being earned. G.L. c. 149 § 148. The purpose of the Wage Act is to limit the interval between the completion of an employee’s work and the payment of wages. American Mutual Liability Ins. Co. v. Commissioner of Labor and Industries, 340 Mass. 144, 145 (1959). -
Current Issues in Wage/Hour Law for California Employers: Avoiding Employee Disputes and Compliance Pitfalls ( October 2003 )
Many multi-state employers, familiar only with the relatively straightforward compliance obligations posed by federal wage and hour laws alone, often find themselves having to do business one way in forty-nine other states and an entirely different way in California. Armed with an instinct to "do the right thing" for its employees, with open lines of communication to expert advice, and with a thoroughly informed decision-making process about wage and hour compliance, an employer can successfully do business in California. -
The Prevailing View on Prevailing Wages ( August 2003 )
Recently enacted California legislation impacts when a private development project will be classified as a "public work," triggering the payment of so-called prevailing wages. Prevailing wages are hourly work rates published quarterly by the California Department of Industrial Relations (DIR) as the minimum wage rates payable to construction workers employed on public works in California. Prevailing wage requirements can escalate labor costs by 5% to 15%, or higher. Contractors who fail to pay prevailing wages face retroactive liability for the difference between wages actually paid and the prevailing wage rates applicable to the trade employed. -
Protecting Against Employee Wage Claims ( February 2003 )
Perhaps you read a recent article on the wage lawsuit against Rent-A-Center, such as the one printed in the business section of <i>The Oregonian</i> on January 18, 2003, or one of several similar articles that have appeared in the media in recent months. -
Wage Withholding Under the North Carolina Wage and Hour Act ( January 2001 )
This article summarizes North Carolina's wage and hour act for wage withholding.
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