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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 🡢

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Employee Asserts Claims of Uncompensated COVID-19 Screening Practice

On October 18, 2021, Plaintiff Ysa Santana Reynoso (Reynoso), a former employee of pork processor Hatfield Quality Meats, Inc.

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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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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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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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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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Massachusetts Eyes Gig Economy Driver Classification Ballot Initiative

On September 1, 2021, Massachusetts Attorney General Maura Healey approved two potential ballot initiatives (Initiative 1,

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

Did you know that July 29 was National Intern Day?

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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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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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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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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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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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Student Athletes Oppose Motion to Dismiss FLSA Claims in Light of Supreme Court’s Alston Opinion

In October 2019, Ralph "Trey" Johnson filed a putative class action lawsuit in the United States District Court for the Eastern District of Pennsylvania against the National Collegiate Athletic Association (NCAA) and a number of universities alleging that college student-athletes are employees who are entitled to pay under the Fair Labor Standards Act (FLSA). Judge John R.