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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February 15, 2022

California Court of Appeal Declines to Apply Heightened Penalties to Wage Statement Violations

The California Court of Appeal recently held that an employer whose wage statements did not comply with section 226 of the California Labor Code was not subject to the heightened penalties imposed on employers who fail to provide wage statements or keep required records. In Gunther v. Alaska Airlines, Inc., 72 Cal. App.

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February 7, 2022

Washington Postpones Collection of Long-Term Care Employee Premiums to July 2023

On Jan. 27, 2022, Washington Gov. Jay Inslee signed House Bills 1732 and 1733, amending the Long-Term Services and Supports Trust Act, known as the Washington Cares Fund (the Act), and delaying implementation of the Act to July 1, 2023. Under the Act, the state of Washington is slated to deduct long-term care premiums from employee paychecks, at a premium rate of 58 cents per $100 of earnings.

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January 26, 2022

California Assembly Amends FAST Recovery Act Proposal

On January 20, 2022, members of the California Assembly voted 43-13 to approve amendments to Assembly Bill 257, which seeks to enact the Fast Food Accountability and Standards Recovery Act (known as the "FAST Recovery Act").

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December 22, 2021

Washington State Pauses Collection of WA Cares Fund Premium Assessments, Employers Should Too

A joint statement was released that included the Governor's intention to direct the State's Employment Security Department not to collect WA Cares Fund premiums.

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December 10, 2021

Minimum Wage Increases to $15 for Federal Contractors Beginning January 30, 2022

While President Biden's vaccine mandate wends its way through the courts, another of the administration's early initiatives impacting federal contractors is set to go into effect early next year. On November 22, 2021, the Department of Labor (DOL) published its Final Rule implementing Execut

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November 16, 2021

West Hollywood Establishes Citywide Minimum Wage and Guaranteed Leave Provisions

The West Hollywood City Council unanimously approved a draft Ordinance establishing a citywide minimum wage and guaranteed leave during a November 3, 2021 City Council meeting that ended on November 4, 2021.

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November 10, 2021

U.S. Department of Labor Addresses Tips

Clarification Regarding Tip Pool Participation for Managers and Supervisors The U.S. Department of Labor (DOL) recently clarified the rules under which managers and supervisors can participate in a mandatory tip pool.

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October 29, 2021

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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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).