California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
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$23 billion. That’s how much Americans paid in late fees last year. When a payment is only a few days behind, late fees for credit cards, utilities, student loans, and rent pile up. And they have proliferated over the last...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
When an employee unexpectedly dies, the employer’s first instinct often is to take steps to assist his or her family, and to minimize any financial disruption associated with the death. While these goals are laudable,...more
On April 7, DailyPay, LLC, an employer-integrated earned wage access (EWA) provider, filed a lawsuit against New York Attorney General Letitia James, seeking declaratory relief to prevent the enforcement of state and federal...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 March 20, the Arkansas governor signed into law Arkansas Act 347, known as the Earned Wage Access Services Act. Sponsored by Representative David Ray (R) and Senator Ben Gilmore (R), this legislation aims to regulate...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
Smith v. Commissioner, a pending research credit case in the United States Tax Court, presents an issue of first impression: Is a partner’s self-employment income in a partnership allowable as a qualified research expense...more
The Utah Legislature has passed H.B. 279, known as the Earned Wage Access Services Act. Sponsored by Representative A. Cory Maloy (R) and Senator Chris H. Wilson (R), this legislation aims to regulate earned wage access (EWA)...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
The Worker Adjustment Retraining Notification Act (“WARN Act”), as well as certain state statutes, require employers to provide employees with advance notice of a plant closing or a mass layoff. A company’s failure to provide...more
Pursuant to Section 503(b)(1)(A) of the Bankruptcy Code, "wages, salaries, and commissions for services rendered after the commencement of the case" are treated as administrative expense claims. Additionally, Section...more
Income from all sources is considered when calculating a monthly child support amount under the Pennsylvania Support Guidelines. Some child support cases are complex because a party has different sources of income beyond W-2...more
This week, New York became the latest state to introduce legislation aimed at regulating Earned Wage Access (EWA) services. Assembly Bill 258 titled — “An Act to Amend the Banking Law, in Relation to Providing for Income...more
The National Labor Relations Board (Board) recently notched a win when the U.S. Court of Appeals for the Fifth Circuit found that a staffing company committed an unfair labor practice by terminating its employee when she...more
On Friday, December 27, 2024, the Third Circuit Court of Appeals handed Starbucks a victory by vacating an order issued by the National Labor Relations Board (“Board”) on the grounds that the Board exceeded its authority...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
The collapse of the Assad Regime in Syria is the latest in a series of political and military defeats that have staggered the Kremlin. In just two short weeks, the 54-year-old Assad family dynasty fell to a collection of...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
Baltimore nonprofit Waves received a $2 million grant from Baltimore’s Office of Information and Technology to deploy fiber-optic networks in low-income residential buildings, aiming to bridge the city’s digital divide...more
On Dec. 16, 2024, the U.S. Department of Labor (DOL) published the new 2025 H-2A Adverse Effect Wage Rates (AEWRs) for non-range occupations for field and livestock workers to be effective on either Dec. 16, 2024, or Jan. 1,...more
An amendment to the Israeli Wage Protection Law was included in the secondary amendments to the Regulation of Payment Services and Payment Initiation Law. This legislative amendment enables employees to request that their...more