News & Analysis as of

Wage and Hour Employees

Cozen O'Connor

Massachusetts AG Cites Restaurant for Alleged Tip Pooling Violations

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Massachusetts AG Andrea Campbell issued citations against restaurant Azumi LLC (Azumi), and its manager for allegedly requiring service employees to share tips with managers in violation of state wage and hour laws....more

Morgan Lewis

New York Labor Law Amendment Limits Damages for ‘Frequency-of-Pay’ Violations

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New York recently passed an amendment to New York Labor Law (NYLL) § 198(1-a) that significantly limits the available damages for a violation of NYLL § 191(1)(a) in a “frequency-of-pay” lawsuit....more

Jackson Lewis P.C.

Sun’s Out, Funds Up: California’s Local Minimum Wage Increases in July

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At the start of the year, the state minimum wage increased, along with several local jurisdictions. Many other California cities and counties also raise their minimum wage on July 1....more

Perkins Coie

May Tip of the Month: New York Eases Penalties for First-Time Pay Frequency Violations

Perkins Coie on

On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more

Davidoff Hutcher & Citron LLP

Understanding Spread of Hours Pay: Compliance Guide for New York Restaurant Owners

Long days and double shifts are common in the restaurant business. As a New York restaurant owner, it’s crucial to understand the “spread of hours” rule – a unique state requirement that can catch employers off guard. This...more

Davidoff Hutcher & Citron LLP

Tip Pooling and Tip Credit Compliance: A Guide for New York Restaurant Owners

New York restaurant owners must navigate complex tip pooling and tip credit regulations to ensure compliance with federal and state labor laws. Failure to follow these rules can result in lawsuits, back wages, and penalties....more

Parker Poe Adams & Bernstein LLP

Most States Let Employers Recoup Wage Overpayments Without Employee Authorization

Mistakes happen, even with sophisticated corporate payroll systems. This can involve duplicate wage payments, paying an employee for unpaid time away from work, or other genuine errors. ...more

CDF Labor Law LLP

July 1 Minimum Wage Hikes Across California Explained

CDF Labor Law LLP on

On July 1, 2025, new increased minimum wage rates will go into effect in many California cities and counties. Local governments have looked to offset the effects of inflation and have decided to use minimum wage ordinances to...more

Seyfarth Shaw LLP

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

Seyfarth Shaw LLP on

The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Littler

Employers Are Obligated to Comply with Tax Law Despite Increase in Frivolous Tax Arguments

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In the recent United States Tax Court case O’Connor v. Commissioner of Internal Revenue, Judge Arbeit sanctioned the petitioner for advancing frivolous arguments contesting the authority of the IRS to assess tax....more

Husch Blackwell LLP

Missouri Legislature Passes Bill Repealing Paid Sick Leave Mandate and Amending Minimum Wage Law: What Employers Need to Know

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In the evening hours of May 14, 2025, the Missouri Senate passed House Bill 567 (the Bill) which effectively repeals the requirements of Proposition A. The Senate adopted the House version of the Bill without adding any...more

Davis Wright Tremaine LLP

New York Reins In "Frequency-of-Pay" Damages Under Amended Labor Law

In a major shift, New York employers will now be subject to significantly reduced damages in "frequency-of-pay" lawsuits due to recent amendments to Section 198(1-a) of the New York Labor Law ("NYLL")....more

Littler

Oregon Minimum Wage Increase Takes Effect July 1, 2025

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On July 1, 2025, Oregon’s automatic minimum wage increase for non-exempt employees will take effect. Under Oregon state law, the Oregon Bureau of Labor and Industries (BOLI) calculates an annual increase to the minimum wage...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Bond Schoeneck & King PLLC

Finally, New York Provides Relief for Employers Unaware of Weekly Pay Provision in the New York Labor Law

It is common practice across the country for employees to be paid every other week or twice per month, because that imposes much less time and manpower on an employer than running payroll weekly. But such a practice can...more

Holland & Knight LLP

Mexico's Government Announces New Proposal to Reduce Working Time to 40 Hours Per Week

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In commemoration of Labor Day, the Mexican government announced an important amendment to reduce the workweek from 48 hours to 40 hours progressively. This change is set to start this year and aims for completion by 2030....more

Whiteford

Employment Law Update: As Summer Job Season Approaches, Employers Should Take Note of Patchwork of County Minimum Wage Laws

Whiteford on

The start of summer is typically marked by a wave of temporary hirings of students and other new employees, with many summer jobs paying those workers the minimum wage. While a series of increases across recent years have...more

ArentFox Schiff

A PAGA Plaintiff Must Allege a Timely Individual Claim

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A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable...more

B2Gnow

Overcoming 8 Prevailing Wage Obstacles: A Tech Guide for Government Agencies

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Government agencies face significant challenges in managing prevailing wage labor compliance, certified payroll reports, and adhering to Davis-Bacon requirements. Strict regulations, frequent law changes, and the need for...more

Jackson Lewis P.C.

Expanded Definition of ‘Low-Wage’ Employees in Virginia Non-Compete Ban: Employers Need to Act Now

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Virginia is the most recent state to tighten restrictions on employment non-compete agreements. Governor Glenn Youngkin signed a bill expanding the definition of low-wage employees under the state’s existing prohibition on...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One)

Prior to its March 25, 2025 deadline, the Connecticut General Assembly’s Labor and Public Employees Committee likely finished up its work for this legislative session and approved a final flurry of bills that would generally...more

Epstein Becker & Green

New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law

Epstein Becker & Green on

In a decision with significant implications for employers and employees alike, the New Jersey Supreme Court on March 17, 2025, clarified that commissions constitute wages under the New Jersey Wage Payment Law (“NJWPL”)....more

Jackson Lewis P.C.

Final Phase of NYC Minimum Pay-Rate Increase for App-Based Delivery Workers Is In Effect

Jackson Lewis P.C. on

On April 1, 2025, New York City Mayor Eric Adams and the New York City Department of Consumer and Worker Protection (DCWP) announced that, effective immediately, delivery platform companies must pay delivery workers a minimum...more

McGuireWoods LLP

Employers Note: Virginia Bans Noncompetes for All Overtime-Eligible Workers

McGuireWoods LLP on

Beginning July 1, 2025, Virginia will prohibit noncompete agreements for all employees eligible for overtime pay. The new law builds on previous prohibitions for “low-wage employees” in the Commonwealth....more

Saul Ewing LLP

More States Narrow the Use of Restrictive Covenants: Updates from Virginia, Arkansas, and Wyoming

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Continuing a nationwide trend, three states recently enacted new legislation further restricting the enforceability of non-compete provisions in employment agreements. Starting in July, these new regulations are set to take...more

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