The U.S. Department of Labor has announced its Final Rule increasing the minimum salary level employees need to be paid in order to be deemed an exempt white collar employee, provided the employees otherwise meet the applicable duties and salary basis tests. The rule has been long-awaited since the predecessor Obama administration-era rule was enjoined by a Texas federal court in 2016. The appeal of that case has been on hold, allowing the Department time…

AB 5 is making waves in California by changing the way companies will classify workers. AB 5 codifies the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.4th 903 (“Dynamex”). In Dynamex, the Court held that for violations of California’s wage orders, a worker is presumed to be an employee, unless the business proves the following: The worker is free from control and direction over…

Expansive Law Aimed at Predictive Scheduling for Workers, Limiting Employers’ Ability to Unilaterally Change Work Hours On July 24, 2019, the City of Chicago enacted the “Fair Work Week Ordinance,” requiring that many businesses provide workers with up to two-weeks advance notice of their work hours and schedules. The FWW Ordinance becomes effective on July 1, 2020, and will require employers from a broad spectrum of industries to set most employee schedules at least 10…

Effective August 1, employers with more than five employees working in the City of San Antonio must provide to all such employees paid sick leave (“PSL”) of up to 64 hours per year (for employers with more than 15 employees) or 48 hours (for employers with 15 or fewer employees) for a variety of reasons related to themselves or family members; employers with five or fewer employees are not required to comply with the PSL…

“Help Wanted” signs are becoming familiar sights at most Michigan retailers. As unemployment rates have fallen across the state, and employers struggle to fill vacancies, the influx of students hitting the summer job market may come as welcome news. Unfortunately, would-be adult use marijuana businesses should temper their excitement.  Michigan’s Regulation and Taxation of Marihuana Act requires employees to be 21 years of age or older.  Specifically, MCL 333.27961(e), provides that: “No marijuana establishment may…

On June 3, 2019, the U.S. Supreme Court resolved the debate in employment discrimination law which had split the circuits. In a unanimous decision, the court held in Fort Bend County v. Davis that the exhaustion requirement that a plaintiff must first bring a Title VII discrimination charge to the U.S. Equal Employment Opportunity Commission or the equivalent state fair employment practices agency is not a jurisdictional requirement, but rather a claims-processing rule that is…

The U.S. Department of Labor on Monday unveiled its first guidance under the current Administration on the hotly contested issue of employee-versus-independent contractor classification, saying workers for an unnamed technology platform that connects service providers with clients are independent contractors. The guidance was provided through an Administrator’s Opinion Letter, and as such it provides unique defenses to employers with similar situations and who rely on the letter. The company referenced in the letter is…