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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.

Cellphone Privacy Security
September 27, 2023

Wage Theft Now Qualifies as Larceny Under New York Law

New York Governor Kathy Hochul recently signed the Wage Theft Accountability Act (WTPA) into law, which was effective immediately. The law amends New York's criminal larceny statute to include "wage theft" in its definition of "larceny." NY CLS Penal § 155.05(2)(f).

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People on the street at dusk
September 22, 2023

California Governor Revives Industrial Welfare Commission

The California Industrial Welfare Commission (IWC) was established to regulate wages, hours, and working conditions in California. Importantly, the IWC adopted "wage orders," which establish specific rules for various industries. California has not funded the IWC since 2004, and it has not been in operation. This is likely to change.

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Chicago office
September 14, 2023

Illinois Joins the Growing List of States With New Pay Transparency Laws

Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January 1, 2025, and requires all employers with 15 or more employees to provide pay scale and benefits information in all open job postings.

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Labor Manufacturing
September 13, 2023

District of Arizona Addresses Judicial Approval of Individual Fair Labor Standards Act Settlements

In August 2023, the U.S. District Court for the District of Arizona joined "the growing number of courts that have concluded" that judicial approval of Fair Labor Standards Act (FLSA) settlements "is neither authorized or necessary." In Evans v.

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Labor & Employment, people in an office setting
September 1, 2023

Department of Labor Seeks To Raise the Federal Minimum Salary Required To Qualify as an Exempt Employee for Fair Labor Standards Act Purposes

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking on August 30, 2023, which proposes revisions to the regulations issued under the Fair Labor Standards Act (FLSA).

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Court Gavel
August 31, 2023

Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims

A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act. In Arrison v.

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Diverse people meeting
August 22, 2023

California’s Latest Minimum Wage Increase to Take Effect January 1, 2024

Effective January 1, 2024, California's minimum wage will increase to $16.00 per hour for all employers, regardless of size. Under California's Labor Code, by August 1 of each year, the director of finance will determine if the minimum wage must be adjusted for inflation and, if so, calculate the increase in minimum wage by the lesser of 3.5 percent.

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Labor Manufacturing
August 15, 2023

Illinois Expands Rights and Remedies for Temporary Workers

Governor J.B. Pritzker signed into law HB 2862 on August 4, 2023, which amends the Illinois Day and Labor Services Act by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.

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Pillars of a courthouse
July 27, 2023

California Appeals Court Rules Employer Must Reimburse Employees for Work-From-Home Expenses During COVID-19 Pandemic

On July 11, 2023, in Thai v. International Business Machines Corp. (IBM), a three-justice panel of the California First District Appellate Court overturned a trial court's dismissal of a claim by an employee that the employer violated California law when it failed to reimburse employees for work-from-home expenses during the COVID-19 pandemic.

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view of people meeting through glass wall
July 27, 2023

Freelance Worker Protections Ordinance for Independent Contractors in Los Angeles

In the latest development in California's evolving independent contractor laws, the Los Angeles City Council approved a new ordinance that provides protections for certain independent contractors providing services in Los Angeles.

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American flag between a city block of tall buildings
July 6, 2023

NLRB Returns to the Obama-Era Standard for Independent Contractors

The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act (NLRA or the Act). While employees have rights under the NLRA, independent contractors do not.

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Medical patient receiving an X-Ray.
June 23, 2023

Washington State Issues New Rules for Paid Family and Medical Leave

The Washington Employment Security Department (ESD) adopted new rules for the state's Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules become effective July 1, 2023.

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view of people meeting through glass wall
June 22, 2023

Minimum Wage Increases To Take Place on July 1, 2023, for Some California Localities

As reported earlier this year, California's state minimum wage increased to $15.50 per hour for all employers on January 1, 2023. However, some California employers may face another minimum wage increase on July 1, 2023.

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Gavel with scale
May 26, 2023

The Sixth Circuit Sets a New Standard for Notification of FLSA Collective Actions

The U.S. Court of Appeals for the Sixth Circuit recently held in Clark v. A & L Homecare and Training Center, that plaintiffs must show a "strong likelihood" that other employees are "similarly situated" to the plaintiffs for a court to certify a Fair Labor Standards Act (FLSA) collective action and facilitate notice of the action. View blog post
People on the street at dusk
May 26, 2023

Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary

The U.S. Court of Appeals for the Third Circuit, in Higgins v. Bayada Home Health Care Inc., held that it is not a violation of the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee's paid time off (PTO) bank for failing to meet a productivity target. View blog post
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