It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime....more
4/2/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Preemption ,
Proposed Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Wage and Hour ,
Wage Orders ,
White-Collar Exemptions
In February, love was not the only thing in the air; wafting through legislative chambers across the country was the sweet smell of bills about the minimum wage, tips, and overtime. Many bills will be stood up, or ultimately...more
2/28/2019
/ 20% Rule ,
Employer Liability Issues ,
Food Service Workers ,
Internships ,
Job Duties ,
Minimum Wage ,
New Legislation ,
Preemption ,
Regulatory Standards ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
2019 marks the start of Wage Watch’s third year of publication, which we will celebrate the only way we (sadly) know how: by recapping federal, state, and local developments concerning the minimum wage, tips, and overtime....more
2/1/2019
/ Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Wage ,
Offshore Drilling ,
Over-Time ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tip-Pooling ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
Time on 2018 has just about run out, so without delay, here are the developments impacting the minimum wage, tips, and overtime that occurred in 2018’s final month....more
1/2/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Opinion Letter ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The dishes are done, the leftovers are gone, and you are back at work. Were new laws enacted while you were conked out in a tryptophan-induced nap? Keep reading for all the November updates about the minimum wage, tips, and...more
12/3/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
DOL Previews its Costume (Regulatory Agenda Update): The U.S. Department of Labor released its fall regulatory agenda, in which it discussed proposed rulemaking activities the Wage & Hour Division plans to undertake...more
11/1/2018
/ Ballot Measures ,
Joint Employers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
The past month was full of minimum wage, tip, and overtime activity: amendments; annual rate adjustments; ballot measure battles; legal challenges; and new bills. It was a September to remember....more
10/4/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour
The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year. In his last hurrah, Governor Brown has signed into law a jaw-dropping number of...more
10/2/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employment Records ,
Equal Pay ,
Governor Brown ,
Governor Vetoes ,
Human Trafficking ,
Insurance Agents ,
Insurance Brokers ,
New Legislation ,
Paid Family Leave Law ,
Pay Gap ,
Rest and Meal Break ,
Salary/Wage History ,
Sales Commissions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline...more
9/5/2018
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Joint Employers ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Pending Legislation ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Although the U.S. Department of Labor may steal the show in terms of August developments involving the minimum wage, tips, and overtime, states are by no means singing backup. State labor departments on opposite sides of the...more
9/4/2018
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Usually legislative and regulatory developments slow down in the summer months, which is good news because July brings more pressing matters than reading bills or proposed rules, like eating too many hot dogs or yelling at an...more
8/1/2018
/ Appeals ,
Ballot Measures ,
CA Supreme Court ,
De Minimis Claims ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Out-of-State Companies ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
With the World Cup in full swing, it’s difficult to fathom anything else occurring—yet minimum wage, tip, and overtime developments keep happening. Here’s our quick round-up for those of you taking a break from the on-field...more
6/29/2018
/ Denial of Certiorari ,
Food Service Workers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Regulatory Reform ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
UPDATE: Chicago has announced its July 1, 2018 minimum wage rates for tipped employees.
Employers with minimum wage, tip, and overtime allergies might dread spring, but given the few developments this month, they should...more
6/4/2018
/ Employer Liability Issues ,
Governor Vetoes ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more
5/1/2018
/ Car Dealerships ,
Collective Actions ,
Department of Labor (DOL) ,
Electronic Reporting ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Navarro v Encino Motorcars ,
New Legislation ,
Over-Time ,
Proposed Legislation ,
Rest and Meal Break ,
SCOTUS ,
Service Advisors ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Tipped Employees ,
Travel Time ,
Unpaid Wages ,
Wage and Hour ,
White-Collar Exemptions
Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone...more
4/2/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Preemption ,
Rest and Meal Break ,
Restaurant Industry ,
Self-Reporting ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Wage and Hour
February may be the shortest month of the year, but what it lacked in days it made up with minimum wage and overtime developments at the federal, state, and local levels....more
3/2/2018
/ Department of Labor (DOL) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Preemption ,
Private Right of Action ,
Proposed Legislation ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more
2/1/2018
/ Ballot Measures ,
Car Dealerships ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Minimum Wage ,
Navarro v Encino Motorcars ,
New Legislation ,
Opinion Letter ,
Over-Time ,
Preemption ,
SCOTUS ,
Service Advisors ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Wage and Hour ,
White-Collar Exemptions
As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more
1/5/2018
/ Corporate Counsel ,
Domestic Workers ,
Employee Benefits ,
Employee Definition ,
Health Insurance ,
Hiring & Firing ,
Holiday Pay ,
Home Healthcare Workers ,
Legislative Agendas ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Public Access Laws ,
Rest and Meal Break ,
Retail Workers ,
Single-Payer ,
Small Business ,
Unemployment Benefits ,
Wage and Hour ,
Work Schedules ,
Workers' Compensation Claim
Dear Littler: We need to hire some key personnel for our new tech company. We intend to offer them equity in the enterprise as compensation. The equity should be very valuable in the long run, and the deal we have in mind is...more
1/4/2018
/ Compensation & Benefits ,
Emerging Growth Companies ,
Equity Compensation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Startups ,
State Labor Laws ,
Stock Options ,
Technology Sector ,
Wage and Hour ,
White-Collar Exemptions
2017 may be so last year, but minimum wage and overtime developments in its final month may forecast what types of measures we will see in 2018. And employers should remember that as of January 1, 2018, state and local...more
1/2/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
State and Local Government ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
The leftovers are (mostly) gone, and turkey-induced naps have been taken, but if you think a post-Thanksgiving minimum wage and overtime update will be uneventful, you are mistaken. Jurisdictions continue to announce 2018...more
A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more
As darkness falls across the land, the midnight hour is close[r] at hand for employers to revise their pay practices to ensure compliance with 2018 minimum wage rate changes. Hospitality industry employers may receive from...more
As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave...more
10/23/2017
/ Disclosure Requirements ,
Gig Economy ,
Governor Vetoes ,
Health Insurance ,
Hiring & Firing ,
Home Health Agencies ,
Independent Contractors ,
Jerry Brown ,
Legislative Agendas ,
Minimum Salary ,
New Legislation ,
Non-Exempt Employees ,
Part-Time Employees ,
Pay Gap ,
Reporting Requirements ,
Single-Payer ,
State and Local Government ,
State Labor Laws ,
Tips ,
Transparency ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to...more
10/17/2017
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Background Checks ,
Ban the Box ,
Construction Contracts ,
Construction Industry ,
Corporate Counsel ,
Criminal Background Checks ,
Enforcement Actions ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Human Trafficking ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
New Legislation ,
Parental Leave ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Workplace Safety