Blogs

Labor & Employment, people in an office setting

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.

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October 12, 2021

California Law Makes Intentional Wage Theft a Jailable Offense

On September 27, 2021, California Governor Gavin Newsom signed Assembly Bill No. 1003 (AB 1003) into law. The purpose of AB 1003 is to make the intentional theft of wages punishable as grand theft under the California Penal Code and, therefore, a felony in California.

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October 6, 2021

No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law

In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of Labor & Industries' (L&I) interpretation that all travel time related to work is compensable, regardless of when it takes place.

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October 5, 2021

ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

The Washington State Employment Security Department audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the state's unemployment insurance laws and rules. During the audit, ESD auditors will perform a wide variety of functions, including looking for evidence of unreported employees, casual labor, independent c

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September 30, 2021

California Takes Aim at Productivity Quotas at Warehouse Distribution Centers

On September 22, 2021, Governor Gavin Newsom signed Assembly Bill No.

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September 17, 2021

Massachusetts Eyes Gig Economy Driver Classification Ballot Initiative

On September 1, 2021, Massachusetts Attorney General Maura Healey approved two potential ballot initiatives (Initiative 1, Initiative 2) regarding the classification of app-based drivers.

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August 27, 2021

Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time

In an unpublished opinion, the Ninth Circuit held that an employer is not required to pay employees for time spent undergoing government-required security checks enforced by a governmental body to access the worksite. Plaintiff Jesus Cazares claimed his employer, Host Internation

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August 26, 2021

Department of Labor Rescinds Joint Employer Test Under the FLSA

On July 29, 2021, the U.S. Department of Labor (DOL) rescinded a final rule issued under the Trump administration that had narrowed the definition of a vertical joint employment relationship under the Fair Labor Standards Act (FLSA).

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August 11, 2021

No Such Thing as a Paid Intern, Says Washington State Department of Labor & Industries

Did you know that July 29 was National Intern Day? Well, Washington's Department of Labor and Industries (L&I) does and, in recognition, L&I recently released a bulletin reminding employers that sometimes a so-called intern is actually just another employee.

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August 9, 2021

California “Regular Rate of Pay” Refresher

In California, the "regular rate of pay" is a term of art. Calculating it is not necessarily straightforward and much of the law in this area is counterintuitive, so employers should familiarize themselves with the basics to prevent missteps that can result in significant derivative penalties.

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August 6, 2021

What to Expect When You’re Expecting Change in D.C.

Will the Biden administration be Obama 2.0 for employers, or could we see a more progressive agenda? How will Biden's Labor Department address gig economy employers who classify workers as independent contractors? What workplace safety protections can we expect now that employees are coming back to work?

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July 22, 2021

The U.S. Department of Labor Proposes an Increased Minimum Wage for Workers on Government Contracts

On July 21, 2021, the U.S.

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July 19, 2021

California Supreme Court Rules Meal and Rest Period Premium Pay Is Calculated in the Same Manner as Calculations for Overtime Regular Rate of Pay

On July 15, 2021, the California Supreme Court decided Jessica Ferra v. Loews Hollywood Hotel, LLC, S259172 (Cal. S.Ct. July 15, 2021).

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July 16, 2021

Keep Track of the Many Paid Family and Medical Leave Programs Popping Up Across the Nation

Paid Family and Medical Leave (PFML) insurance programs provide benefits to eligible employees who need time off work to care for themselves or their family members. The programs enacted to date are typically funded through premiums paid by employers and/or employees via deductions based upon wages or payroll taxes, although the funding mechanism varies from state to state.

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June 30, 2021

Tips Anyone? The Department of Labor Proposed Changes to Tip Credits

On June 21, 2021, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit.

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June 24, 2021

New Washington Law Creates Statutory Wage Lien for Claims on Unpaid Wages

On April 16, 2021, Governor Jay Inslee signed into law the Washington Wage Recovery Act, allowing employees to place a lien on their employers' property to secure unpaid wages. The purpose of the law is to provide employees with another tool to secure their unpaid wages.