On May 3, 2023, New York Governor Kathy Hochul announced – and then signed into law – the New York Legislature’s 2024 Budget Agreement (“Budget”), which includes increases to the state’s minimum wage. Effective January 1, 2024, the minimum wage
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Fifth Circuit Reverses and Remands District Court’s Denial of Preliminary Injunction in 80/20/30 Rule Challenge
On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit reversed and remanded a decision from the Western District of Texas declining to issue a preliminary injunction barring the Department of Labor (“DOL”) from enforcing a regulation
Utah Expands Tip Pooling to Include Non-Tipped Employees
On March 23, 2023, Utah Governor Spencer Cox signed into law Senate Bill 73 (“SB 73”) expanding the group of employees eligible for tip pooling by allowing employers to include non-tipped employees in a bona fide tip pooling or sharing
Time Is Money: A Quick Wage-Hour Tip on … Summer Interns
The lingering morning chill in the air (at least, here, in the Northeast) suggests that summer is not quite here, but as the daylight persists through the evening hours, businesses small and large are gearing up for yet another summer
Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification
A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally” certifying Fair Labor Standards Act
Time Is Money: A Quick Wage-Hour Tip on … When To Pay For Downtime
work | wərk (noun): activity in which one exerts strength or faculties to do or perform something
In common parlance, the concept of “work” connotes some physical or mental exertion. The law, however, defines the term more broadly, and properly
Ninth Circuit Panel Affirms Ruling That Mandatory Security Screening Checks Are Not Compensable Under Oregon Law
On March 10, 2023, a unanimous three-judge panel upheld an Oregon federal court’s ruling that time Amazon employees spent undergoing mandatory security screenings before and after work shifts and off-premises meal breaks was not compensable, as the screenings were not
California Appellate Court Affirms the Denial of Waiting Time and Wage Statement Penalties Given an Employer’s Good Faith Dispute That Meal Period Premiums Were Due to Class Members
Following the California Supreme Court’s remand of Naranjo v. Spectrum Security Services, Inc., the California Court of Appeal in that same case held that the defendant-employer had not committed “knowing and intentional” violations of the wage statement statute by not
D.C. Council Delays Increase to Tipped Minimum Wage
The Washington, D.C. Council (the Council) has yet again taken action to delay enforcement of Initiative 82, the District’s new law to eliminate the use of the “tip credit” for certain service industry employees by July 1, 2027.
Time Is Money: A Quick Wage-Hour Tip on … the Tip Credit
Gratuities are often helpful for both employees and their employers: tips supplement a worker’s income, and federal law and the laws of most states allow employers to credit a portion of a worker’s tips toward the company’s minimum wage obligations.