Wage & Hour Developments
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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March 22, 2021

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

 In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. View blog post
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March 22, 2021

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break Time

 California law generally requires that employers provide nonexempt employees an uninterrupted, nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021 WL 728871 (Cal. View blog post
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February 18, 2021

City of Seattle Passes Hazard Pay for Grocery Employees

 On February 3, 2021, Seattle Mayor Jenny Durkan signed into law a new ordinance requiring grocery employers to provide their employees an additional $4.00/hour in hazard pay due to the COVID-19 pandemic. Read the full update on PerkinsCoie.com. View blog post
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January 20, 2021

California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision

 On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of California's Wage Orders, announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, applies retroactively. View blog post
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January 14, 2021

Panel Upends the Rules of FLSA Collective Actions in the Fifth Circuit

 The U.S. Court of Appeals for the Fifth Circuit has ordered courts to discontinue using a "two-step" certification process where the first step customarily results in the distribution of notice of opt-in rights to putative class members. The order affirmatively rejects the nearly "universal" approach of the 1987 New Jersey district court opinion, Lusardi v. View blog post
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September 16, 2020

New San Francisco COVID-19–Related Employment Protections Ordinance

 The City and County of San Francisco recently enacted an emergency Ordinance, the text of which is available here, effective September 11, 2020, which prevents all employers from taking adverse employment actions (e.g., firing, threatening to fire, disciplining, or i View blog post
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September 10, 2020

The Department of Labor (DOL) May Issue Revised Rules Regarding the Families First Coronavirus Response Act

 On August 3, 2020, a court in the Southern District of New York vacated portions of the Department of Labor's Regulations Regarding the Families First Coronavirus Response Act (FFCRA) (discussed here View blog post
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September 3, 2020

DOL Issues Guidance for Tracking Non-Exempt Remote Workers’ Time

 In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin No. View blog post
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July 1, 2020

Department of Labor Releases COVID-19 Guidance on the Effect of Closed Schools on Child Labor Laws and Leave for Ruined Summer Camp Plans

 On June 26, 2020, the Department of Labor (DOL) Wage and Hour Division Head, Cheryl Stanton, issued two guidance bulletins relating to the impact of COVID-19. View blog post
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