In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172, amending the state’s Minimum Wage Act as it relates to agricultural
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.
Latest from Wage & Hour Developments - Page 15
US Department of Labor Announces Final Rule Regarding Independent Contractors
The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era rule. Companies with questions on their relationships…
Chicago Ordinance Prohibits Retaliation Against Employees for Time Spent Receiving COVID-19 Vaccinations
By Sarah Flotte & Adam Weiner
Chicago recently enacted an ordinance granting employees rights in connection with getting a COVID-19 vaccine. Employers should be aware of these key provisions:
- An employer may not take adverse action against an employee who gets a vaccine during working hours.
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California Requires COVID-19 Supplemental Paid Sick Leave Through September 30, 2021
On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. The new law, which adds Sections 248.2 and…
New York Implements Targeted Paid Vaccination Leave
On March 12, 2021, New York passed a new law requiring all New York employers to provide up to four (4) hours of paid leave for the purposes of receiving the COVID-19 vaccine. New York is the first state to implement…
While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break Time
California law generally requires that employers provide nonexempt employees an uninterrupted, nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021…
The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces
In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit affirmed the application of California wage-and-hour laws to employees who worked both within and outside of the…
City of Seattle Passes Hazard Pay for Grocery Employees
On February 3, 2021, Seattle Mayor Jenny Durkan signed into law a new ordinance requiring grocery employers to provide their employees an additional $4.00/hour in hazard pay due to the COVID-19 pandemic. Read the full update on PerkinsCoie.com.
California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex Decision
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders, announced in Dynamex Operations West, Inc. v.…