In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of...more
3/4/2025
/ Appeals ,
Compliance ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Washington
On January 1, 2025, California’s state minimum wage will increase to $16.50 per hour for all employers. As previously described, California voters rejected Proposition 32, a stair-step-increased minimum wage initiative....more
The District of Columbia’s minimum wage for all D.C. workers who do not receive tips is $17.50 per hour regardless of employer size. This rate became effective July 1, 2024 and is anticipated to increase on July 1, 2025...more
The California Department of Industrial Relations recently updated its Frequently Asked Questions (FAQs) clarifying the State’s paid sick leave law, which began on January 1, 2024...more
Voters in Alaska approved Ballot Measure 1, which will boost Alaska’s minimum wage and provide guaranteed sick leave to workers. First, Ballot Measure 1 increases Alaska’s minimum wage to $13.00 per hour, effective July 1,...more
12/6/2024
/ Alaska ,
Anti-Retaliation Provisions ,
Ballot Measures ,
Employees ,
Employer Liability Issues ,
Labor Regulations ,
Minimum Wage ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Voters in Nebraska approved a measure that will require all employers to offer employees one hour of paid sick leave for every 30 hours worked, effective October 1, 2025. The total amount of sick leave employees may accrue...more
12/5/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Healthcare ,
Labor Reform ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As we previously reported here and here, California Governor Gavin Newsom signed into law SB 525, which provides a tiered approach for the increase of minimum wages for the state’s health care workers...more
The director of California’s Department of Finance has certified that the state’s minimum wage will increase from $16 per hour to $16.50 per hour for all employers as of January 1, 2025. Companies with operations in...more
Over the years, California’s Private Attorneys General Act of 2004 (PAGA) has provided a procedurally convenient means for employees to seek expansive penalties for employers’ alleged violations of California’s very technical...more
7/12/2024
/ California ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Labor Code ,
Labor Law Violations ,
Labor Reform ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more
4/25/2024
/ Arizona ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
California recently updated two pamphlets that employers must provide to employees. The new pamphlets are (1) a “Time of Hire Pamphlet” pertaining to workers’ compensation (to be provided at the time of hire) and (2) a “For...more
For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
11/7/2023
/ Adverse Employment Action ,
Appeals ,
Arizona ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Former Employer ,
Retaliation ,
Sick Leave ,
Summary Judgment ,
Termination
California Governor Gavin Newsom signed into law SB 848 on October 10, 2023. This new law expands California’s Fair Employment and Housing Act (FEHA) to provide covered employees with protected leave after a reproductive...more
10/19/2023
/ Bereavement Leave ,
California ,
Employees ,
Employer Liability Issues ,
FEHA ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Paid Leave ,
Sick Leave ,
State and Local Government
In a recent decision, the Arizona Court of Appeals considered the claim that an employee was discharged for disclosing allegedly unsafe conditions in violation of the Arizona Employment Protection Act (AEPA), A.R.S. §...more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
9/1/2023
/ Arizona ,
Class Action ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Retailers ,
State Legislatures ,
Summary Judgment ,
Virus Testing ,
Wage Act ,
Wage and Hour
California’s Private Attorneys General Act (PAGA) authorizes current and former employees to bring a representative action for civil penalties on behalf of the state against an employer for Labor Code violations committed...more
7/21/2023
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Viking River Cruises Inc v Moriana
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...more
The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more
With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. Summaries of key legislation are below, with relevant action items...more
10/25/2022
/ Bereavement Leave ,
Cal-OSHA ,
California ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Data Reporting ,
Employee Tracking ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Governor Newsom ,
Healthcare Workers ,
Independent Contractors ,
Labor Reform ,
New Legislation ,
Paid Leave ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Statute of Limitations ,
Unions ,
Wage and Hour ,
WARN Act
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more
On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine...more
11/2/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Vaccinations ,
Workplace Safety
With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more
10/26/2021
/ Arbitration ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Family Leave Law ,
Piece-Rate Pay ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Tips ,
Unions ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Safety
California Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.” SB‑331 expands two of California’s existing laws regarding employee settlement agreements and...more