In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more
I. Introduction -
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more
This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
3/6/2020
/ Civil Rights Act ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Regulatory Oversight ,
Title VII ,
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
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
This October there are no tricks, but there are plenty of treats (assuming you have a sweet tooth for minimum wage, overtime, and tip developments at all levels of government)....more
11/1/2019
/ Back Wages ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour
With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more
10/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Apprenticeships ,
Arbitration ,
Bias ,
Employee Benefits ,
Employee Definition ,
Employee Privacy Rights ,
Entertainment Industry ,
Health Insurance ,
Healthcare ,
Independent Contractors ,
Labor Regulations ,
Lactation Accommodation ,
Leave of Absence ,
New Legislation ,
Printed Publications ,
Settlement Agreements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
You don't need to be an Earth, Wind, and Fire fan to realize September had all the elements necessary to make for a memorable month of developments concerning the minimum wage, tips, and overtime....more
10/2/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Legislative Agendas ,
Local Ordinance ,
Minimum Salary ,
Non-Exempt Employees ,
Opinion Letter ,
Over-Time ,
Proposed Legislation ,
State Labor Laws ,
Threshold Requirements ,
Tipped Employees ,
Wage and Hour ,
White-Collar Exemptions
Though in August summer is almost over and fall is just about upon us, federal, state, and local developments concerning the minimum wage, tips, and overtime transcend the seasons.
...more
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has increasingly been in the media spotlight. Politicians have also taken note. While there have been...more
8/6/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
While most parts of the country were heating up in July, developments concerning the minimum wage, tips, and overtime were cooling off. Many state legislatures have adjourned or are in recess, leaving it mainly to federal...more
Summer, summer, summertime; time to sit back and unwind with minimum wage, overtime, and tip-related developments that occurred in June 2019.
A Reminder that Minimum Wage Rates May Increase on July 1: As we discussed in...more
Status of U.S. Department of Labor Rules: May 21, 2019 was the deadline to submit public comment concerning the U.S. Department of Labor’s (DOL) proposed rules governing the minimum salary or fee amount employees must receive...more
We’ll spare you the taxing introduction and jump straight to itemizing developments concerning the minimum wage, tips, and overtime.
U.S. Department of Labor Developments: By a 53-45 vote, the U.S. Senate confirmed Cheryl...more
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
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