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…
Continue Reading ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

On September 22, 2021, Governor Gavin Newsom signed Assembly Bill No. 701 (“AB 701”), which makes it unlawful for employers to require nonexempt employees at warehouse distribution centers (“Covered Employee” or “Covered Employees”) to meet production quotas that prevent compliance…
Continue Reading California Takes Aim at Productivity Quotas at Warehouse Distribution Centers

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. If passed, either initiative would enact the Relationship Between Network Companies and App-Based…
Continue Reading Massachusetts Eyes Gig Economy Driver Classification Ballot Initiative

In an unpublished opinion, the Ninth Circuit held that an employer is not required to pay employees for time spent undergoing government-required security checks enforced by a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.…
Continue Reading Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time

On July 29, 2021, the U.S. Department of Labor (DOL) rescinded a final rule issued under the Trump administration that had narrowed the definition of a vertical joint employment relationship under the Fair Labor Standards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). There will be…
Continue Reading Department of Labor Rescinds Joint Employer Test Under the FLSA

Did you know that July 29 was National Intern Day? Well, Washington’s Department of Labor and Industries (L&I) does and, in recognition, L&I recently released a bulletin reminding employers that sometimes a so-called intern is actually just another employee.…
Continue Reading No Such Thing as a Paid Intern, Says Washington State Department of Labor & Industries

In California, the “regular rate of pay” is a term of art. Calculating it is not necessarily straightforward and much of the law in this area is counterintuitive, so employers should familiarize themselves with the basics to prevent missteps that…
Continue Reading California “Regular Rate of Pay” Refresher