Wage & Hour

Pittsburgh & San Antonio Paid Sick Leave Law Delayed

Pittsburgh’s Paid Sick Leave Law Upheld The Pennsylvania Supreme Court has upheld a Pittsburgh ordinance that requires private sector employers to provide paid sick leave for any workers employed within the city. The court overturned two lower court rulings against the ordinance, holding that the city has the authority to require paid sick leave for …

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URGENT NY: New York Bans Salary History Inquiries, Expands Pay Equity Law

New legislation in New York state will prohibit employers from asking prospective employees about their salary history and significantly expand the state’s pay equity law. Salary History Inquiry Ban Senate Bill S6549 will prohibit employers from requesting, requiring or seeking a job applicant’s or current employee’s salary or wage history as a condition of: Receiving …

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Colorado Alert: New Overtime and Minimum Pay Provisions Take Effect March 16

[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado workers eligible for overtime pay and mandated breaks. As …

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New California Overtime Laws for AG Workers

As of January 1, 2019, recent state legislation has changed overtime eligibility for California workers in the agricultural industry. Under the former Wage Law Order No. 14, agricultural laborers receive overtime rates after 10 hours in a day or after 6 days in a workweek. The new bill, known as AB 1066 or the Phase-In Overtime for Agricultural …

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2019 Federal & State Minimum Wage Update

The following states do not allow a Tip Credit: Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington. Please be aware that there may be updates and changes to these rates made by the agencies throughout the year. Parties remain independently responsible for determining whether their wages are in compliance with federal and state law. Therefore, …

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CA LAWlert: New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims, significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered …

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AZ LAWlert: Arizona Minimum Wage Increase, Effective January 1, 2019

The Arizona minimum wage is set to go to $11 an hour, up from $10.50, on January 1. As a result of voters passing Proposition 206, the Fair Wages and Healthy Families Act, in 2016. An effort to lock in the statewide minimum at $10.50 and repeal the Act’s paid sick time requirement failed to …

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URGENT CA EMPLOYERS: California Supreme Court Rules Employers Must Pay Workers for Off-the-Clock Duties

Starbucks and other employers in California must pay workers for the minutes they spend on work-related duties before and after they clock out, the California Supreme Court decided Thursday, July 25, 2018. The court held in a unanimous decision that workers should be paid for off-the-clock work tasks, such as setting a store alarm, locking …

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URGENT CA UPDATE: California Cities Minimum Wage Increase Update

In recent years many cities and municipalities in California have established their own minimum wage rates.Here is a list of the current 2018 rates along with the previous 2017 rates. The following California cities have minimum wage increases, effective July 1, 2018: Belmont, CA: Minimum Wage of $12.50 per hour. Emeryville, CA: Minimum Wage of …

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2018 Federal and State Minimum Wage Rates

What is the minimum wage for 2018? The minimum wage rate is the lowest hourly pay that can be awarded to workers, also known as a pay floor. Under the FLSA, non-exempt employees must be paid the minimum wage or higher. The following information includes current state and federal minimum wage rates, exceptions, and scheduled …

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URGENT NY Update: New York City Workplace Fairness Legislation

Effective 11-26-17, Mayor Ds Blasio has signed into law the New York City Workplace Fairness package of legislation that includes five laws and is directed at both the fast food and retail sectors. This LAWlert focuses on the portion of the laws applicable to the fast food industry.  We will issue a second LAWlert that …

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Minimum Wage Increased in Several Cities Across the US Last Weekend on July 1st

New minimum wage rates took effect on Saturday, July 1st in cities, counties and states across the country. In San Francisco and Los Angeles, the increase is a step toward a minimum wage of $15 an hour. The minimum wage went up to $14 an hour in San Francisco on Saturday, on the way to $15 …

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California Employer LAWlert: Get Ready! New Minimum Wage Ordinance for City of Los Angeles is Coming

Important Points: The wage ordinance applies to full-time, part-time and temporary employees who perform at least two hours of work within a particular week in the City of Los Angeles. Los Angeles employers must post the notice published by the Wage Enforcement Division showing the current minimum wage. The potential fine for failing to post …

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New Jersey Employer LAWlert: Paid Sick Leave Policies Continue to be Adopted

The city of Elizabeth recently became the 10th New Jersey municipality to enact a paid sick leave law. The list of New Jersey cities with such a law includes Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson, and Trenton. Elizabeth’s law, which becomes effective on March 2, 2016, largely mirrors the laws that …

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State Minimum Wage Increases Effective January 1st

State                  Current     Jan 1st    Increase  Alaska                  $8.75         $9.75       $1.00  Arkansas             $7.50         $8.00      $0.50  California            $9.00       $10.00    $1.00  Connecticut       $9.15         $9.60     …

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New Laws in California, Louisiana and Texas Effective January 1, 2016

California School Activities Leave Expansion Starts January 1 California’s law allowing unpaid time off for employees to participate in their children’s school or daycare activities will be expanded effective January 1. Current law requires employers with 25 or more employees to provide unpaid leave to employees who are a parent, guardian, or grandparent with custody …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: NEW AB 1513 Severely Limits Piece-Rate Compensation for Employers

Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate …

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California Employer LAWlert: Overtime Law Has Far-Reaching Effects on Home Health Care Industry

The basic tenet California’s overtime law seems straightforward and unassailable: Workers who work more than eight hours at a time are entitled to overtime pay. But it may not be as simple as that. Many in the home health industry say the practical application of overtime spells the end of live-in care and could actually …

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GET READY! Proposed Federal Overtime Regulations Are Out, and You’d Better be Prepared

The U.S. Department of Labor (DOL) has released its long-awaited proposed changes to the Fair Labor Standards Act (FLSA) regulations containing the “white-collar” exemptions to the minimum wage and overtime requirements. Many employers have been anxiously awaiting the proposed regulations because early indications were that the new rules will make many employees who are currently …

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Form of the Week: Leave Sharing Donation Policy

Policy Statement [Company Name] recognizes that employees may have a family emergency or a personal crisis that causes a severe impact to them resulting in a need for additional time off in excess of their available sick/personal time. To address this need all eligible employees will be allowed to donate sick/personal time from their unused …

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DOL Issues Guidance on Employee vs. Independent Contractor Classification

Determining whether a worker is an employee or an independent contractor can be a confusing (and, if done incorrectly, costly) endeavor. Though some employers may knowingly misclassify workers to reduce costs and avoid the burden of certain employment laws, it is equally—if not more—likely that the fact-specific multipart classification tests used for this purpose have …

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California Employer LAWlert: Equal Pay Act Is Law

Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …

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California Employer LAWlert: New Sick Leave Law Will Require This Posting to be Displayed Where Employees Can Easily Read It

Effective July 1, 2015, the Healthy Workplaces/Healthy Families Act of 2014 or the CA Paid Sick Leave Law will entitle most employees in California to three days of paid sick leave each year. All California employers must display the following text in an easily readable location on our before the effective date of the law: …

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California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED

The California Supreme Court in the matter of Mendiola v. CPS Security Solutions, Inc., has reversed the California Court of Appeals, ruling that employees on 24 hour shifts must be paid for time sleeping. Historical Perspective Wage and hour claims are today governed by two complementary and occasionally overlapping sources of authority: the provisions of …

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MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS

Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …

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California Employer LAWlert: CA Mandates Paid Sick Leave

The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …

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Cheating Doesn’t Pay- employer created multiple personalities for employees to avoid paying wages

A former Subway sandwich maker in Washington claims his employer used an inventive scheme to avoid paying him overtime: Creating fictional workers.Erwin Zambrano Moya alleges in a lawsuit filed in federal court Wednesday that the Subway franchise at 2301 Georgia Ave. NW, near Howard University, systematically shortchanged him for the two years ending in June. …

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