Wage & Hour Developments
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Sixth Circuit Sets a New Standard for Notification of FLSA Collective Actions
Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary
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.
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:
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.
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.
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.