California Employment News: Professional and Administrative Pay Exemptions
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Indiana and Maryland became the most recent states to enact legislation regulating earned wage access (EWA) services, with Indiana passing House Enrolled Act 1125 on May 6, and Maryland passing House Bill 1294 on May 20....more
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
Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more
On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more
On February 21, 2025, California Assemblymember LaShae Sharp-Collins (D), representing San Diego, introduced Assembly Bill (AB) No. 1371 (“Right to Refuse Unsafe Work With Pay”) in the California State Assembly....more
In a ruling that should command the attention of all employers in New Jersey who employ and pay commission-based salespersons, the New Jersey Supreme Court has held that commissions are wages under the New Jersey Wage Payment...more
California is well-known for its commitment to worker protection, which, while beneficial for employees, can present challenges for employers striving to maintain compliance....more
The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....more
California law has long held that an employer’s good faith dispute over wages owed, if any, to its employees will preclude the imposition of “waiting time” penalties otherwise due following the termination of their...more
As we head into the new year, employers must continue to monitor minimum wages at the state and local level. California’s minimum wage will increase on January 1, 2025 to $16.50. In addition, the minimum wage will increase...more
Voters in California rejected Proposition 32, which would have increased the minimum wage to $18 for all employers by 2026. Under the proposition, the minimum wage increases depended on the size of the employer. Specifically,...more
As we approach the holiday season and New Year’s Day, we wanted to provide employers with a brief update on what minimum wage requirements in California might be starting January 1, 2025. Proposition 32- Proposition 32 was...more
During this year’s legislative session, the Maryland General Assembly passed new laws requiring employers to disclose certain wage information when posting job openings, as well as requirements to provide existing employees...more
We previously wrote about a Michigan Supreme Court decision to reinstate two voter initiatives – the Wage Act and the Earned Sick Time Act (ESTA) – and state agency responses to that decision (the “Original Order”), which...more
The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply to all employers, regardless...more
In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. ...more
Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more
Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more
In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more
On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it...more
In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more
With limited exceptions, California law does not require employers to provide employees with a premium rate of pay for working during holidays or paid days off for holidays unless contractually obligated to do so. However,...more
In 2019, the New Jersey Legislature beefed up the wage-hour law by expanding the statute of limitations from two years to six years and implementing a liquidated damages provision, by which wages due could be doubled or...more
California employers, prepare for another state-wide minimum wage hike. Starting January 1, 2024, all California employers, regardless of size, must pay a minimum wage of at least $16 per hour. The increase came as a...more
Under the Labor Code, each year the State of California must determine and certify whether an adjustment for inflation is applied to the state’s minimum wage. In 2022, when the rate of inflation exceeded 7 percent, the state...more