A new California law, stemming from Assembly Bill 5 (AB 5), expands and codifies the California Supreme Court’s 2018 decision in Dynamex Operations West Inc. v. The Superior Court of Los Angeles, which we reported on...more
9/24/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On July 25, 2019, New Jersey passed a salary history ban, following in the footsteps of more than a dozen other states and cities that have already passed legislation intended to combat gender-based pay inequity. ...more
7/31/2019
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Philadelphia’s journey toward a $15-an-hour minimum wage began last week, part of an increasingly common trend in major U.S. cities. Minimum wage in the City of Philadelphia is $13.25 an hour as of July 1. Additionally,...more
The Minnesota Legislature recently passed a law that creates significant new notice and recordkeeping requirements, recognizes “wage theft,” and imposes heightened civil and criminal penalties for violations....more
7/2/2019
/ Employer Liability Issues ,
Labor Law Violations ,
Labor Regulations ,
New Legislation ,
Penalties ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Wage Theft
The U.S. Department of Labor (DOL) has kept employers on their toes this spring. During March and the early part of April, the DOL has engaged in a flurry of activity using its rulemaking authority and non-binding opinion...more
The Equal Employment Opportunity Commission (EEOC) announced on April 3, 2019, that employers have until September 30, 2019, to submit employee pay data as part of their annual 2018 EEO-1 report....more
4/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
The Department of Labor (DOL) on March 7, 2019, released a long-awaited proposal to increase the minimum annual salary threshold to $35,308 for employees to be exempt as executives, administrative, or professional employees. ...more
3/11/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
As we begin 2019, employers nationwide must address a host of new obligations under state and local laws that will go into effect this year. With the decline in federal regulations under the Trump administration, states and...more
States and municipalities have tackled pay equity and minimum wage issues. Over the next few months, 19 states will see an increase in their minimum wage.
...more
States and municipalities have tackled pay equity and minimum wage issues. Regarding pay equity, there is a growing trend of laws and ordinances that place restrictions on employers when it comes to asking applicants about...more
2/7/2019
/ Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more
The U.S. Department of Labor (DOL) on July 13, 2018, issued a Field Assistance Bulletin to its enforcement administrators, explaining how to determine if and when caregiver and nurse registries should be deemed employers...more
In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more
2/16/2018
/ Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Mileage Reimbursement ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Uber ,
Wage and Hour
The Maryland Healthy Working Families Act requires certain Maryland employers to offer paid sick leave to their employees. It took effect on February 11, 2018— 30 days after the legislature overrode Governor Larry Hogan's...more
In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
1/10/2018
/ Class Action ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour