Pay transparency laws are proliferating across multiple U.S. states and localities. For example, employers with a single employee in Colorado, California, Washington, or New York City that post advertisements for jobs that...more
As we previously discussed, Colorado’s Equal Pay for Equal Work Act (EPEW) required Colorado employers to, among other things, disclose compensation information on job postings for positions that are performed in Colorado....more
California has long required employers to pay employees a wage premium that is the equivalent to one hour of regular pay if they are not provided a compliant meal or rest break. This single issue is the subject of countless...more
On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company...more
On March 19, 2021 Governor Newsom signed into law SB 95 (adding sections 248.2 and 248.3 to the Labor Code), which requires employers to pay California employees up to two weeks of COVID-19 supplemental paid sick leave...more
3/31/2021
/ Earned Sick Time ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Labor Reform ,
Labor Regulations ,
Paid Time Off (PTO) ,
Retroactive Application ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As cities and states around the United States are gearing to reopen facilities, employers are tasked with the daunting responsibility of ensuring that their workspaces are safe. ...more
6/9/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Medical Reimbursement ,
Travel Time ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
On March 27, 2020, the President signed into law a massive two trillion dollar stimulus bill addressing a wide range of challenges to our economy caused by the coronavirus (“COVID-19”) pandemic. ...more
4/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Furloughs ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
Sick Pay ,
Tax Credits ,
Unemployment Benefits ,
Wage and Hour
With the number of confirmed cases of the novel coronavirus (COVID-19) rising in California, the Department of Industrial Relations (DIR) and the Employment Development Department (EDD) have issued guidance and reminders on...more
3/11/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Industrial Relations ,
EDD ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
New Guidance ,
OLSE ,
Proposed Legislation ,
Public Health ,
Risk Management ,
Sick Leave ,
State and Local Government ,
Wage and Hour ,
Workplace Safety
The Coronavirus which causes the disease COVID-19 (“Coronavirus”) presents a plethora of challenging labor and employment issues for employers in the United States. ...more
3/6/2020
/ Best Practices ,
Business Continuity Plans ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Medical Leave ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
3/5/2020
/ Appeals ,
Deceased ,
Defense Strategies ,
Employer Liability Issues ,
En Banc Review ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
Salary/Wage History ,
Sex Discrimination ,
Wage and Hour ,
Yovino v Rizo
The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants....more
12/3/2019
/ Appeals ,
Calculation of Damages ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Code ,
Labor Law Violations ,
Labor Regulations ,
Penalties ,
Rate of Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more
9/28/2019
/ ABC Test ,
Ballot Measures ,
Borello Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour ,
Wage Orders
The debate about whether the Dynamex decision applies retroactively is alive again thanks to a reverse course by the Ninth Circuit Court of Appeals. As we previously discussed, in April 2018, the California Supreme Court...more
8/13/2019
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
In Vazquez v. Jan-Pro Franchising Int’l, Inc., the Ninth Circuit revived a decade old wage and hour class action and simultaneously dealt a blow to many employers utilizing independent contractors by holding that California...more
5/6/2019
/ ABC Test ,
Appeals ,
Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Opinion Letter ,
Retroactive Application ,
Wage and Hour
Late last month, California Governor Jerry Brown signed Assembly Bill 2282 (“AB 2282”) into law. The Bill attempts to provide California employers with answers to questions that remained after Assembly Bill 168 (the “Salary...more
California is the birthplace of many of the best-known apps credited – or blamed, depending on your point of view – with fueling the gig economy. But the California Supreme Court issued a ruling on April 30, 2018 that will...more
5/7/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour