On April 7, 2020, the San Francisco Board of Supervisors adopted an emergency ordinance (the "PHELO") that requires private employers with 500 or more employees to provide paid public health emergency leave during the...more
On April 7, 2020, the San Jose, California City Council adopted two essentially identical ordinances that require covered employers to provide emergency paid sick leave. The first item is an emergency ordinance that takes...more
On April 1, 2020, a California Court of Appeal issued a long-awaited decision relating to the use of so-called “unlimited” vacation plans. In McPherson v. EF Intercultural Foundation, Inc., the court ultimately did not decide...more
On April 1, 2020, the day the federal Families First Coronavirus Response Act (FFCRA) took effect, the U.S. Department of Labor (DOL) released temporary regulations interpreting this new law that requires private employers...more
After giving employers a day off from addressing new information concerning the federal Families First Coronavirus Response Act (FFCRA), which took effect April 1 and requires private employers with 499 or fewer employees,...more
4/3/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Quarantine ,
Relief Measures ,
School Closures ,
Shelter-In-Place ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 28, 2020, the U.S. Department of Labor (DOL) released its third batch of Q&As (#38-59) concerning the federal Families First Coronavirus Response Act (FFCRA). Effective April 1, 2020, the FFCRA will require private...more
3/31/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 26, the U.S. Department of Labor (DOL) released additional FAQs that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA)....more
3/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 26, 2020, the Colorado Department of Labor and Employment amended its Health Emergency Leave with Pay (HELP) Rules that require certain employers to provide employees up to four paid sick leave days for a covered...more
On March 24, 2020, the U.S. Department of Labor released an initial set of questions and answers (Q&As) concerning the recently enacted Families First Coronavirus Response Act (FFCRA). The Q&As focus on the law’s provisions...more
On March 16, 2020, the U.S. House of Representatives unveiled legislation revisiting the sweeping COVID-19 response bill it passed only days earlier. While ostensibly styled as “corrections” to the prior legislation, this...more
On March 18, 2020, the U.S. Senate approved House-passed legislation responding to the COVID-19 pandemic. The bill will now be sent to the president, who is expected to sign it into law. Of direct interest to the business...more
The Colorado Department of Labor and Employment released new FAQs to clarify requirements under the Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules, issued on March 11, 2020, that require certain employers to...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Emergency Management Plans ,
Employer Liability Issues ,
Food Service Workers ,
Health and Safety ,
Home Health Care ,
Hospitality Industry ,
Infectious Diseases ,
Nursing Homes ,
Public Health ,
Restaurant Industry ,
Risk Management ,
Senior Housing ,
Sick Leave ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
In the early hours of March 14, 2020, the U.S. House of Representatives passed sweeping legislation in response to the spread of the coronavirus (COVID-19) across the United States. The Emergency Families First Coronavirus...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Proposed Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Workplace Safety
On March 11, 2020, the Colorado Department of Labor and Employment issued Colorado Health Emergency Leave with Pay (“Colorado HELP”) Rules that require certain employers to provide paid sick leave for employees with flu-like...more
3/13/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Educational Institutions ,
Emergency Management Plans ,
Employer Liability Issues ,
Food Service Workers ,
Health and Safety ,
Healthcare Workers ,
Home Healthcare Workers ,
Hospitality Industry ,
Infectious Diseases ,
New Rules ,
Nursing Homes ,
Policies and Procedures ,
Public Health ,
Restaurant Industry ,
Risk Management ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
Pittsburgh, Pennsylvania's Paid Sick Days Act will (finally) take effect on March 15, 2020, the effective date triggered when the Mayor's Office of Equity (“MOE”) released guidelines on December 16, 2019. On February 15,...more
Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more
3/9/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
Over-Time ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more
2/5/2020
/ Comment Period ,
Deadlines ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Franchises ,
Hospitality Industry ,
Job Duties ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Opinion Letter ,
Over-Time ,
Preemption ,
Rate of Pay ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Regulatory Standards ,
Restaurant Industry ,
Rulemaking Process ,
Small Business ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As “Super Sick Monday” approaches, employers will review their sick leave policies and procedures to ensure that operations are not “sacked” by excessive absenteeism the day after the Super Bowl, and that an enforcement...more
1/29/2020
/ Absenteeism ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Legislative Agendas ,
Local Ordinance ,
Municipalities ,
Paid Time Off (PTO) ,
Proposed Legislation ,
Regulatory Requirements ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
After more than a four-year delay, the City of Pittsburgh’s Paid Sick Days Act (“the Ordinance”) will go into effect on March 15, 2020. The city passed the Ordinance in August 2015, but its authority to pass such a law was...more
12/23/2019
/ Accrual Requirements ,
Anti-Retaliation Provisions ,
Carry-Over Basis ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Local Ordinance ,
Notice Requirements ,
Paid Leave ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Posting Requirements ,
Sick Leave ,
State and Local Government ,
Wage and Hour
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
A Texas state court judge's letter ruling temporarily enjoins San Antonio's paid sick and safe leave ordinance from taking effect on December 1, 2019. While the November 22, 2019 ruling says a trial on the merits will occur...more
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that...more
11/13/2019
/ Compensation & Benefits ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Rate of Pay ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
The City of Duluth has published final rules and revised FAQs implementing its Earned Sick and Safe Time Ordinance. The Ordinance takes effect January 1, 2020 for employers with five or more employees, regardless of whether...more
11/11/2019
/ Accrual Requirements ,
Carryover Basis ,
Construction Workers ,
Earned Sick Time ,
Employee Definition ,
Employment Policies ,
Labor Regulations ,
Local Ordinance ,
Multi-Factor Test ,
Paid Time Off (PTO) ,
Rulemaking Process ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Earlier this month the San Antonio City Council approved major changes to the city’s paid sick and safe leave ordinance. San Antonio’s ordinance was scheduled to take effect August 1, 2019. The effective date was delayed...more