Determining an employee’s overtime rate of pay can be tricky. The U.S. Department of Labor (DOL) recently found an employer owed over $1 million in back wages to employees in California and Kentucky for violations that included miscomputation of overtime
Wage & Hour Developments
A ONE-STOP RESOURCE FOR ANALYSIS ON ISSUES RELATING TO WAGE-AND-HOUR DEVELOPMENTS AFFECTING EMPLOYERS
Wage & Hour Developments, published by Perkins Coie LLP, covers legal issues related to wage and hour laws including minimum wage changes, overtime pay, employee classification, and compliance with state and local labor regulations. The blog discusses court rulings affecting wage and hour claims, such as interpretations of the Fair Labor Standards Act and state-specific legislation like California's Proposition 22. It also addresses procedural aspects of labor litigation, including standing in Private Attorneys General Act (PAGA) cases. The blog provides updates on regulatory changes and practical guidance for employers to navigate evolving wage and hour requirements across various jurisdictions.
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COVID-19 Hazard Pay and Overtime Violations
What Is COVID-19 Hazard Pay?
The COVID-19 pandemic motivated many employers to provide extra wages, often referred to as “hazard pay,” to employees who continued to work throughout the pandemic, despite the threats created by the virus, particularly pre-vaccine. Hazard…
Today’s Pay Equity Landscape
Legal, political, and social movements have pushed pay equity to the top of many organizations’ priorities. Activist shareholder proposals, changes in state laws, Biden administration efforts, and calls from employees regarding greater transparency have spurred employers to find out where…
CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional Penalties
On May 23, 2022, the California Supreme Court issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized…
Show Me the Money: New York City’s Pay Transparency Law Delayed Until November 1, 2022
On January 15, 2022, the New York City Council (the Council) enacted a law requiring employers in the city with four or more employees to disclose the expected salary range on internal and external job listings beginning on May 15,…
Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts
Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that companies that fail to pay wages…
Department of Labor Warns Employers to Know the Rules for Putting Minors to Work
Among employers’ efforts to stay on top of numerous wage and hour issues, the rules surrounding child labor have long been considered irrelevant by many large employers because persons under age 18 did not make up a significant segment of…
Five California Localities Raise Minimum Wage Rates Effective July 1, 2022
The state of California’s current minimum wage is $15.00 per hour for employers that have 26 or more employees and $14.00 per hour for employers that have fewer than 26 employees. However, California cities and counties routinely implement their own…
Eastern District of California Finds Joint Employer Liability Sufficiently Alleged and Permits Meal and Rest Break Claims to Proceed
In February 2022, the United States District Court for the Eastern District of California denied defendant park operators’ motion to dismiss in part, finding that plaintiffs adequately pleaded joint defender liability along with their claims for meal and rest break…
Department of Labor Announces Initiative to Monitor Warehouse and Logistics Worker Pay
This month the United States Department of Labor (DOL) issued a press release announcing its Warehouse and Logistics Worker Initiative (Initiative). See https://www.dol.gov/newsroom/releases/whd/whd20220208-1. The purpose of the Initiative is to increase the DOL’s scrutiny of the warehouse and logistics…