The National Labor Relations Board (NLRB or the Board) issued a decision on June 16, 2023, returning to an Obama-era standard used to determine whether a worker is an employee or an independent contractor under the National Labor Relations Act
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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Washington State Issues New Rules for Paid Family and Medical Leave
The Washington Employment Security Department (ESD) adopted new rules for the state’s Paid Family and Medical Leave Act (PFML) regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules become effective July 1, 2023.
Read the…
Minimum Wage Increases To Take Place on July 1, 2023, for Some California Localities
As reported earlier this year, California’s state minimum wage increased to $15.50 per hour for all employers on January 1, 2023. However, some California employers may face another minimum wage increase on July 1, 2023. This is due to the…
Third Circuit Rules Paid Time Off Is Not Part of an Exempt Employee’s Salary
The U.S. Court of Appeals for the Third Circuit, in Higgins v. Bayada Home Health Care Inc., held that it is not a violation of the Fair Labor Standards Act (FLSA) for an employer to deduct time from an…
The Sixth Circuit Sets a New Standard for Notification of FLSA Collective Actions
The U.S. Court of Appeals for the Sixth Circuit recently held in Clark v. A & L Homecare and Training Center, that plaintiffs must show a “strong likelihood” that other employees are “similarly situated” to the plaintiffs for a…
District of Columbia Tip Credit Elimination Act Increases Cash Wage for Tipped Employees
The first phase of the District of Columbia Tip Credit Elimination Act of 2021 became effective May 1, 2023.
The Tip Credit Elimination Act, which was passed by voters in the District of Columbia in November 2022 as Initiative 82, will…
New York State’s Minimum Wage To Increase Effective January 1, 2024
On May 3, 2023, New York Governor Kathy Hochul signed into law the FY2024 New York State Budget Agreement (the Budget), which includes legislation increasing the state’s minimum wage rate over the next three years.…
Eastern District of Virginia Follows the Fifth Circuit’s One-Step Certification Approach for Collective Actions Under the Fair Labor Standards Act (FLSA)
In Mathews v. USA Today Sports Media Group, LLC et al., plaintiff Elizabeth Mathews (Mathews) brought a collective action under the FLSA alleging that she was an employee rather than an independent contractor to the defendant. Mathews moved for conditional…
Deadline Looms Under California Pay Data and Disclosure Law
California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.
California Seeks To Expedite Wage Claim Adjudication: Audit Scheduled
As California Governor Gavin Newsom’s administration seeks to finalize the 2023-24 Governor’s Budget, the California Joint Legislative Audit Committee has moved to audit the persistent backlog of wage theft cases at the Division of Labor Standards Enforcement. The audit is…