In the midst of national conversations surrounding racial equity and social justice, Governor Gavin Newsom signed AB 979 into law on September 30, 2020. AB 979 is a first-of-its-kind legislation requiring that no later than...more
10/1/2020
/ Board of Directors ,
Corporate Counsel ,
Corporate Governance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Foreign Corporations ,
Gender Equity ,
Governor Newsom ,
Minorities ,
New Legislation ,
Publicly-Traded Companies ,
Race Discrimination ,
Sex Discrimination ,
State and Local Government ,
Woman Board Members
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us.
A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
1/2/2020
/ Appeals ,
Comment Period ,
Compensation & Benefits ,
Consumer Price Index ,
Deadlines ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Lack of Jurisdiction ,
Legislative Agendas ,
Limited Liability Company (LLC) ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Perks ,
Preemption ,
Rate of Pay ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Statements ,
Wages ,
White-Collar Exemptions
I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because...more
12/10/2019
/ Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Free Speech ,
Hairstyle Discrimination ,
Human Rights ,
Labor Regulations ,
NYCCHR ,
Race Discrimination ,
Religious Clothing ,
State and Local Government ,
State Labor Laws ,
Tattoo Policy
Turkeys weren't the only things stuffed in November – there was a gut-busting amount of late-year legislative, regulatory and case law developments at the federal, state, and local levels concerning the minimum wage, tips,...more
12/5/2019
/ Ballot Measures ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Fluctuating Workweek ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
This October there are no tricks, but there are plenty of treats (assuming you have a sweet tooth for minimum wage, overtime, and tip developments at all levels of government)....more
11/1/2019
/ Back Wages ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour
Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment...more
With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more
10/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Apprenticeships ,
Arbitration ,
Bias ,
Employee Benefits ,
Employee Definition ,
Employee Privacy Rights ,
Entertainment Industry ,
Health Insurance ,
Healthcare ,
Independent Contractors ,
Labor Regulations ,
Lactation Accommodation ,
Leave of Absence ,
New Legislation ,
Printed Publications ,
Settlement Agreements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Though in August summer is almost over and fall is just about upon us, federal, state, and local developments concerning the minimum wage, tips, and overtime transcend the seasons.
...more
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has increasingly been in the media spotlight. Politicians have also taken note. While there have been...more
8/6/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
While most parts of the country were heating up in July, developments concerning the minimum wage, tips, and overtime were cooling off. Many state legislatures have adjourned or are in recess, leaving it mainly to federal...more
On July 3, California made history by enacting the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act, becoming the first state to ban discrimination on the basis of hairstyles associated with race. The...more
Summer, summer, summertime; time to sit back and unwind with minimum wage, overtime, and tip-related developments that occurred in June 2019.
A Reminder that Minimum Wage Rates May Increase on July 1: As we discussed in...more
Status of U.S. Department of Labor Rules: May 21, 2019 was the deadline to submit public comment concerning the U.S. Department of Labor’s (DOL) proposed rules governing the minimum salary or fee amount employees must receive...more
It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime....more
4/2/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Preemption ,
Proposed Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Wage and Hour ,
Wage Orders ,
White-Collar Exemptions
2019 marks the start of Wage Watch’s third year of publication, which we will celebrate the only way we (sadly) know how: by recapping federal, state, and local developments concerning the minimum wage, tips, and overtime....more
2/1/2019
/ Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Wage ,
Offshore Drilling ,
Over-Time ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tip-Pooling ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
The dishes are done, the leftovers are gone, and you are back at work. Were new laws enacted while you were conked out in a tryptophan-induced nap? Keep reading for all the November updates about the minimum wage, tips, and...more
12/3/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
DOL Previews its Costume (Regulatory Agenda Update): The U.S. Department of Labor released its fall regulatory agenda, in which it discussed proposed rulemaking activities the Wage & Hour Division plans to undertake...more
11/1/2018
/ Ballot Measures ,
Joint Employers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
The past month was full of minimum wage, tip, and overtime activity: amendments; annual rate adjustments; ballot measure battles; legal challenges; and new bills. It was a September to remember....more
10/4/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour
The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year. In his last hurrah, Governor Brown has signed into law a jaw-dropping number of...more
10/2/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employment Records ,
Equal Pay ,
Governor Brown ,
Governor Vetoes ,
Human Trafficking ,
Insurance Agents ,
Insurance Brokers ,
New Legislation ,
Paid Family Leave Law ,
Pay Gap ,
Rest and Meal Break ,
Salary/Wage History ,
Sales Commissions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline...more
9/5/2018
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Joint Employers ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Pending Legislation ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Although the U.S. Department of Labor may steal the show in terms of August developments involving the minimum wage, tips, and overtime, states are by no means singing backup. State labor departments on opposite sides of the...more
9/4/2018
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Usually legislative and regulatory developments slow down in the summer months, which is good news because July brings more pressing matters than reading bills or proposed rules, like eating too many hot dogs or yelling at an...more
8/1/2018
/ Appeals ,
Ballot Measures ,
CA Supreme Court ,
De Minimis Claims ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Out-of-State Companies ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
With the World Cup in full swing, it’s difficult to fathom anything else occurring—yet minimum wage, tip, and overtime developments keep happening. Here’s our quick round-up for those of you taking a break from the on-field...more
6/29/2018
/ Denial of Certiorari ,
Food Service Workers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Regulatory Reform ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
UPDATE: Chicago has announced its July 1, 2018 minimum wage rates for tipped employees.
Employers with minimum wage, tip, and overtime allergies might dread spring, but given the few developments this month, they should...more
6/4/2018
/ Employer Liability Issues ,
Governor Vetoes ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more
5/1/2018
/ Car Dealerships ,
Collective Actions ,
Department of Labor (DOL) ,
Electronic Reporting ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Navarro v Encino Motorcars ,
New Legislation ,
Over-Time ,
Proposed Legislation ,
Rest and Meal Break ,
SCOTUS ,
Service Advisors ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Tipped Employees ,
Travel Time ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions