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Wage & Hour Developments

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Wage & Hour Developments

The regulatory landscape, appetite for administrative agency enforcement, and judicial interpretations related to wage-and-hour issues are rapidly evolving. Our blog is a one-stop resource for federal- and state-level updates and analysis on wage-and-hour-related developments affecting employers. Subscribe 🡢

Money Cash

Massachusetts Court Finds Retention Bonuses Are Not Wages

A Massachusetts state appellate court recently ruled a retention bonus is a form of “contingent compensation” not subject to Massachusetts’s wage laws. 

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Gavel with scale

The White-Collar Wage War: Fifth Circuit Backs DOL’s Power To Set Salary Threshold

In Mayfield v. United States Dep't of Labor, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court's ruling that the U.S. Department of Labor (DOL) has authority to set a minimum salary threshold for the white-collar exemptions under the Fair Labor Standards Act (FLSA). View blog post
Pillars of a courthouse

Ninth Circuit Holds Salary Basis Test Requires Courts to Analyze How Public Employees Are “Actually Paid”

Recently, the United States Court of Appeals for the Ninth Circuit addressed whether staff nurses for the City and County of San Francisco (the City) were entitled to time-and-a-half overtime or whether the method of compensating the nurses satisfies the “salary basis test” in the Fair Labor Standards Act (FLSA), which would exempt the nurses from the overtime requirement as bona fide professional employees. View blog post
Court Gavel

Eastern District of Wisconsin Rejects Two-Step Certification Approach for Collective Actions Under the Fair Labor Standards Act (FLSA)

In Laverenz v. Pioneer Metal Finishing, LLC, plaintiff asserted claims on a collective basis under the FLSA alleging the defendant’s practices violated the FLSA. 

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Labor & Employment

California’s Prop 32 Would Increase California’s Minimum Wage to $18 Per Hour by 2026

In November 2024, California voters will decide whether to raise the minimum wage to $18 per hour by 2026 for all employers.

The full text of the proposition is available here

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Pillars of a courthouse

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule. View blog post
Supreme Court

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act (DBA). 

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Money Cash

2025 California Minimum Wage Increases to $16.50

The director of California’s Department of Finance has certified that the state’s minimum wage will increase from $16 per hour to $16.50 per hour for all employers as of January 1, 2025.

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view of people in a conference room

Ninth Circuit Confirms De Minimis Doctrine Applies to Overtime Claims and Reverses District Court Judgment on Boot Up and Shut Down Pay

On July 10, 2024, the United States Court of Appeals for the Ninth Circuit issued an Opinion in Cariene Cadena v. Customer Connexx LLC reversing the U.S.

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Road Transportation

Ride-Hail Drivers Lack Standing Under California’s PAGA to Intervene in Overlapping PAGA Case

On August 1, 2024, the California Supreme Court issued a ruling in Turrieta v. Lyft, Inc., to address whether a party can intervene in another party’s ongoing Private Attorneys General Act (PAGA) action that asserts overlapping claims. View blog post
Electric vehicle charging station

California Supreme Court Upholds Proposition 22

In 2020, the California voters passed Proposition 22 (Prop 22). Prop 22 allows for the classification of app-based drivers (who meet certain conditions) as independent contractors rather than employees. As a result, many app-based drivers (implicated by Prop 22) are not covered by California's workers' compensation laws because such laws apply to employees and not independent contractors.

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Office People Meeting

Minimum Wage Increase and Other New Requirements for Renton Employers

The city of Renton, Washington, finalized rules to implement Initiative 23-02 on May 31, 2024. The initiative was approved by Renton voters in February 2024 and codified within Chapter 5-28 and Section 5-5-4 of the Renton Municipal Code (the Ordinance).

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Doctor Medical

Minimum Wage for California Healthcare Workers Delayed…Again…Until at Least October 15, 2024

As we previously reported here and here, California Governor Gavin Newsom signed into law SB 525, which provides a tiered approach for minimum wages for the state's healthcare workers. View blog post
Employees in the Office

California New Agreement on Private Attorneys General Act (PAGA) Reform

On June 18, 2024, California Governor Gavin Newsom announced an agreement to reform PAGA. View blog post
Labor Manufacturing

Recent District of Arizona Opinions Divided Regarding Judicial Approval of Fair Labor Standards Act Settlements

Recent opinions issued in the U.S. District Court for the District of Arizona over the past few months have taken a divided approach regarding judicial approval of settlements under the Fair Labor Standards Act (FLSA). View blog post
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