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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.

Court Gavel
August 31, 2023

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act. In Arrison v.

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Diverse people meeting
August 22, 2023

California’s Latest Minimum Wage Increase to Take Effect January 1, 2024

Effective January 1, 2024, California's minimum wage will increase to $16.00 per hour for all employers, regardless of size. Under California's Labor Code, by August 1 of each year, the director of finance will determine if the minimum wage must be adjusted for inflation and, if so, calculate the increase in minimum wage by the lesser of 3.5 percent.

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Labor Manufacturing
August 15, 2023

Illinois Expands Rights and Remedies for Temporary Workers

Governor J.B. Pritzker signed into law HB 2862 on August 4, 2023, which amends the Illinois Day and Labor Services Act by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.

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Pillars of a courthouse
July 27, 2023

California Appeals Court Rules Employer Must Reimburse Employees for Work-From-Home Expenses During COVID-19 Pandemic

On July 11, 2023, in Thai v. International Business Machines Corp. (IBM), a three-justice panel of the California First District Appellate Court overturned a trial court's dismissal of a claim by an employee that the employer violated California law when it failed to reimburse employees for work-from-home expenses during the COVID-19 pandemic.

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July 27, 2023

Freelance Worker Protections Ordinance for Independent Contractors in Los Angeles

In the latest development in California's evolving independent contractor laws, the Los Angeles City Council approved a new ordinance that provides protections for certain independent contractors providing services in Los Angeles.

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American flag between a city block of tall buildings
July 6, 2023

NLRB Returns to the Obama-Era Standard for Independent Contractors

The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). While employees have rights under the NLRA, independent contractors do not.

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Medical patient receiving an X-Ray.
June 23, 2023

Washington State Issues New Rules for Paid Family and Medical Leave

The Washington Employment Security Department (ESD) adopted new rules for the state's Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules become effective July 1, 2023.

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view of people meeting through glass wall
June 22, 2023

Minimum Wage Increases To Take Place on July 1, 2023, for Some California Localities

As reported earlier this year, California's state minimum wage increased to $15.50 per hour for all employers on January 1, 2023. However, some California employers may face another minimum wage increase on July 1, 2023.

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Gavel with scale
May 26, 2023

The Sixth Circuit Sets a New Standard for Notification of FLSA Collective Actions

The U.S. Court of Appeals for the Sixth Circuit recently held in Clark v. A & L Homecare and Training Center, that plaintiffs must show a "strong likelihood" that other employees are "similarly situated" to the plaintiffs for a court to certify a Fair Labor Standards Act (FLSA) collective action and facilitate notice of the action. View blog post
People on the street at dusk
May 26, 2023

Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary

The U.S. Court of Appeals for the Third Circuit, in Higgins v. Bayada Home Health Care Inc., held that it is not a violation of the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee's paid time off (PTO) bank for failing to meet a productivity target. View blog post
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May 19, 2023

District of Columbia Tip Credit Elimination Act Increases Cash Wage for Tipped Employees

The first phase of the District of Columbia Tip Credit Elimination Act of 2021 became effective May 1, 2023.

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People commuting
May 15, 2023

New York State’s Minimum Wage To Increase Effective January 1, 2024

On May 3, 2023, New York Governor Kathy Hochul signed into law the FY2024 New York State Budget Agreement (the Budget), which includes legislation increasing the state's minimum wage rate over the next three years.

Specifically, the Budget amends Section 652 of the New York Labor Law (NYLL) as follows:

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Office
May 12, 2023

Eastern District of Virginia Follows the Fifth Circuit’s One-Step Certification Approach for Collective Actions Under the Fair Labor Standards Act (FLSA)

In Mathews v. USA Today Sports Media Group, LLC et al., plaintiff Elizabeth Mathews (Mathews) brought a collective action under the FLSA alleging that she was an employee rather than an independent contractor to the defendant. Mathews moved for conditional certification pursuant to the widely followed two-step conditional FLSA certification process adopted in Lusardi v.

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woman typing on a cell phone
April 19, 2023

Deadline Looms Under California Pay Data and Disclosure Law

California's enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.

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April 18, 2023

California Seeks To Expedite Wage Claim Adjudication: Audit Scheduled

As California Governor Gavin Newsom's administration seeks to finalize the 2023-24 Governor's Budget, the California Joint Legislative Audit Committee has moved to audit the persistent backlog of wage theft cases at the Division of Labor Standards Enforcement.

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