ARLINGTON, Va., Jan. 7 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, announced today the publication of the 2009 Cumulative Supplement to Wage and Hour Laws: A State-by-State Survey. The treatise and its supplement are published by BNA Books in cooperation with the American Bar Association's Section of Labor and Employment Law. It is a companion volume to BNA Books' The Fair Labor Standards Act.
Unlike the federal Fair Labor Standards Act (FLSA), which permits only opt-in class actions, many states' statutes allow opt-out class actions, which have resulted in some of the largest wage and hour law judgments to date. And with the DOL's issuance of new FLSA white-collar exemption regulations that many states with corresponding white-collar exemptions have not adopted, there are even more legal pitfalls in wage and hour law practice than ever before.
This treatise covers all 50 states, plus the District of Columbia and Puerto Rico, jurisdiction by jurisdiction, and addresses such state wage and hour law issues as:
- Minimum wage and overtime
- Timing, place, and manner of payment to employees
- Mandatory payments in addition to overtime, such as shift differentials and reimbursements for tools and uniforms
- Prohibitions on hours worked and mandatory leave, such as required rest periods and meal breaks
- Enforcement and remedies
- Special litigation issues, including availability of Rule 23 class actions
The 2009 Cumulative Supplement includes for the first time a discussion of developing state common law causes of action. The analysis is provided in a new overview of claims and defenses under both state statutory and state common law causes of action, accompanied by:
- A useful "snapshot" table summarizing each state's substantive wage and hour laws
- The common law elements that have been found applicable in wage and hour cases
- The available remedies and procedural avenues for enforcement
The 2009 Cumulative Supplement also provides significant new analysis regarding:
- Substantial changes in California state wage/hour law, including developments as to the white-collar exemptions from overtime obligations, the evolving standards for class action waivers in arbitration agreements, and whether employees can release their statutory rights under the Labor Code
- New rules on meal breaks in Oregon that place a heavier burden on employers to justify employees missing them
- An increase in the Ohio minimum wage, with a requirement that the tip credit be one-half the minimum wage
- The right of New Mexico unions to bring wage and hour claims on behalf of employees
Unlike other books covering this area of the law, BNA Books' Wage and Hour Laws: A State-by-State Survey, 2009 Cumulative Supplement goes beyond recitation of each state's statutory law and provides detailed analyses of state regulations, wage orders, and court cases interpreting and applying the laws. Plus, this in-depth survey addresses special litigation issues particular to each state, including questions on choice of forum, availability of class actions, and more.
The Editor-in-Chief of this treatise is Gregory K. McGillivary, a partner with Woodley & McGillivary, in Washington D.C. The authors are members of the American Bar Association Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law. For more information on Section participation, please call the Section at (312) 988-5813 or visit http://www.abanet.org/labor/home.html.
BNA is a leading private publisher of news and information products for professionals in law and business. In addition to the 2009 Cumulative Supplement to Wage and Hour Laws: A State-by-State Survey, BNA's Book Division publishes The Fair Labor Standards Act; Covenants Not to Compete: A State-by-State Survey; Employee Duty of Loyalty: A State-by-State Survey; Drafting and Enforcing Covenants Not to Compete; Employment Discrimination Law; How ADR Works; International Labor and Employment Laws, Volumes I and II; Occupational Safety and Health Law; Tortious Interference in the Employment Context: A State-by-State Survey; Trade Secrets: A State-by-State Survey; The Uniformed Services Employment and Reemployment Rights Act; and other titles in legal specialties. For a free BNA Books catalog, call 1-800-960-1220 or send an e-mail request to firstname.lastname@example.org. The BNA Books website, including an online catalog, can be found at bnabooks.com.
The 2009 Cumulative Supplement to Wage and Hour Laws: A State-by-State Survey (1052 pp. Softcover/Order #1847-PRY9/$210.00 plus tax, shipping, and handling) may be purchased alone, or with the main volume (2,313 pp. Hardcover with 2009 Cumulative Supplement/Order #9847-PRY9/$365.00 plus tax, shipping, and handling) from BNA Books, PO Box 7814, Edison, NJ 08818-7814. Telephone orders: 1-800-960-1220. Fax orders: 1-732-346-1624. A 10% discount is available on print copies of books when ordering from the website at bnabooks.com. Please note that discounts cannot be combined.
SOURCE BNA Books