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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. Subscribe 🡢

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Los Angeles Fair Work Week Ordinance Imposes New Wage and Hour Requirements for Certain Retail Businesses

In November 2022, the Los Angeles City Council passed the Fair Work Week Ordinance, which requires retail businesses in Los Angeles with 300 employees or more to follow certain scheduling restrictions.

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Washington, D.C., Voters Approve Phasing Out Tipped Minimum Wage

On November 8, 2022, voters in Washington, D.C., overwhelmingly passed Initiative 82, the "District of Columbia Tip Credit Elimination Act of 2021," which will phase out the tipped mandatory base wage by 2027.

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Personal Liability for Wage Claims? Virginia Says ‘No,’ but Other States Say ‘Yes’

In October 2022, the Supreme Court of Virginia ruled that an individual cannot face personal liability as an "employer" under the Virginia Wage Payment Act (VWPA). The decision both clarifies Virginia law and serves as an important reminder for employers (and their managers and supervisors) that many states can impose personal liability on individuals for wage-and-hour claims.

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DIR Updates 2023 California Exemption Rates for Computer Software Employees and Licensed Physicians and Surgeons

Each year, the California Department of Industrial Relations (DIR) updates the minimum pay requirements for certain exempt professions. This October, the DIR updated the 2023 rates for computer software employees and licensed physicians and surgeons.

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US Department of Labor Proposes Independent Contractor Rule

On October 13, 2022, the U.S.

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California Governor Signs New Pay Data and Salary Disclosure Bill

Governor Gavin Newsom signed California's Senate Bill 1162, a pay transparency law aimed at identifying pay disparities based on gender, ethnicity, and race, on September 27, 2022.

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California’s FAST Recovery Act Establishes a Council With Broad Authority to Set Standards for Fast Food Workers

On September 5, 2022, California Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or A.B. 257).

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Michigan Wage and Hour Laws on the Move?

Employers with Michigan employees should remain vigilant to the likelihood of profound changes to the state's wage-and-hour laws, including a new sick leave obligation, an increase in the minimum wage to $12.00 an hour, and a phase-out of the tipped employee wage classification. Pending the outcome of current litigation, these changes could take effect as soon as February 21, 2023.

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Giving a Nondiscretionary Bonus? Check the Regular Rate Calculation

Determining an employee's overtime rate of pay can be tricky. The U.S. Department of Labor (DOL) recently found an employer owed over $1 million in back wages to employees in California and Kentucky for violations that included miscomputation of overtime pay rates.

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COVID-19 Hazard Pay and Overtime Violations

What Is COVID-19 Hazard Pay?

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Today’s Pay Equity Landscape

Legal, political, and social movements have pushed pay equity to the top of many organizations' priorities. Activist shareholder proposals, changes in state laws, Biden administration efforts, and calls from employees regarding greater transparency have spurred employers to find out where they stand.

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CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties

On May 23, 2022, the California Supreme Court issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized wage statements based on untimely paid or unreported meal and rest period premiums.

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Show Me the Money: New York City’s Pay Transparency Law Delayed Until November 1, 2022

On January 15, 2022, the New York City Council (the Council) enacted a law requiring employers in the city with four or more employees to disclose the expected salary range on internal and external job l

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Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. View blog post
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Department of Labor Warns Employers to Know the Rules for Putting Minors to Work

Among employers' efforts to stay on top of numerous wage and hour issues, the rules surrounding child labor have long been considered irrelevant by many large employers because persons under age 18 did not make up a significant segment of their workforce. View blog post
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