On May 15, 2017, the United States Supreme Court declined to review a case in which the Ninth Circuit Court of Appeals ruled that “cash-in-lieu of benefits payments” must be included in overtime calculations. By declining to review, the Supreme Court leaves intact the Ninth Circuit ruling. The city of San Gabriel had provided a [..]
The Law Offices of Gilda A. Hernandez, PLLC is proud to announce the hiring of two summer associates for the summer of 2017. Thomas Zamadics, a rising second-year law student at the University of North Carolina School of Law, is President of the UNC Labor & Employment Law Association, and is interested in practicing employment [..]
Ms. Hernandez will be a guest speaker at the Litigating Wage & Hour Cases: Challenges & Opportunities Conference in the Washington, D.C. metropolitan area in March 2017.
Ms. Hernandez will be a guest speaker at the 32nd Annual North Carolina/South Carolina Labor and Employment Conference in Asheville, NC in October 2016.
Ms. Hernandez will be a guest speaker at the National Employment Lawyers’ Association Annual Convention in Los Angeles in June 2016.
As of January 1, 2015, twenty-nine states have minimum wage requirements higher than the federal-mandated $7.25 per hour. Ten states – Connecticut, Delaware, Hawaii, Maryland, Michigan, Minnesota, Rhode Island, Vermont, and West Virginia – along with the District of Columbia increased their minimum wage effective January 1, 2015. New York raised its minimum wage on [..]
On February 2, 2015, the United States District Court for the District of Arizona found that covered employees may seek liquidated damages under the FLSA, irrespective of their legal status in the United States. In finding that protections should extend to undocumented employees, the court reasoned that “[r]equiring an employer to pay his unauthorized workers [..]
In a December 22, 2014 decision, the United States District Court for the District of Columbia vacated a provision of the Department of Labor’s new regulations relating to overtime and minimum wage payments for domestic service workers who previously fell under the “companionship” exemption. The regulation, originally scheduled to go into effect January 1, 2015, [..]
