The West Hollywood City Council unanimously approved a draft Ordinance establishing a citywide minimum wage and guaranteed leave during a November 3, 2021 City Council meeting that ended on November 4, 2021. The draft Ordinance can be found here and
Wage & Hour Developments
A ONE-STOP RESOURCE FOR ANALYSIS ON ISSUES RELATING TO WAGE-AND-HOUR DEVELOPMENTS AFFECTING EMPLOYERS
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U.S. Department of Labor Addresses Tips
Clarification Regarding Tip Pool Participation for Managers and Supervisors
The U.S. Department of Labor (DOL) recently clarified the rules under which managers and supervisors can participate in a mandatory tip pool. In a final rule effective November 23, 2021, the…
Employee Asserts Claims of Uncompensated COVID-19 Screening Practice
On October 18, 2021, Plaintiff Ysa Santana Reynoso (Reynoso), a former employee of pork processor Hatfield Quality Meats, Inc. (Hatfield), filed a class action lawsuit before a state court in Pennsylvania against Hatfield seeking unpaid wages under the Pennsylvania Minimum…
California Law Makes Intentional Wage Theft a Jailable Offense
By Ben Prager
On September 27, 2021, California Governor Gavin Newsom signed Assembly Bill No. 1003 (AB 1003) into law. The purpose of AB 1003 is to make the intentional theft of wages punishable as grand theft under the California Penal Code and,…
No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law
In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of Labor & Industries’ (L&I) interpretation that…
ESD Audits: What They Are, How to Prepare, and Best Practices for Employers
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…
California Takes Aim at Productivity Quotas at Warehouse Distribution Centers
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…
Massachusetts Eyes Gig Economy Driver Classification Ballot Initiative
By Jill L. Ripke & Adam Weiner
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…
Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time
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.…
Department of Labor Rescinds Joint Employer Test Under the FLSA
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…