Wage & Hour Developments
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Wage & Hour Developments

The regulatory landscape, appetite for administrative agency enforcement, and judicial interpretations related to wage-and-hour issues are rapidly evolving. Our blog is a one-stop resource for federal- and state-level updates and analysis on wage-and-hour-related developments affecting employers. Subscribe 🡢
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July 9, 2021

Student Athletes Oppose Motion to Dismiss FLSA Claims in Light of Supreme Court’s Alston Opinion

 In October 2019, Ralph "Trey" Johnson filed a putative class action lawsuit in the United States District Court for the Eastern District of Pennsylvania against the National Collegiate Athletic Association (NCAA) and a number of universities alleging that college student-athletes are employees who are entitled to pay under the Fair Labor Standards Act (FLSA). Judge John R. View blog post
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June 30, 2021

Tips Anyone? The Department of Labor Proposed Changes to Tip Credits

 On June 21, 2021, the U.S. Department of Labor (DOL) announced a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit. View blog post
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June 24, 2021

New Washington Law Creates Statutory Wage Lien for Claims on Unpaid Wages

 On April 16, 2021, Governor Jay Inslee signed into law the Washington Wage Recovery Act, allowing employees to place a lien on their employers' property to secure unpaid wages. The purpose of the law is to provide employees with another tool to secure their unpaid wages. View blog post
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June 23, 2021

Biden Administration’s Strong Policy and Enforcement the Focus of Employers

 The Biden presidency has become a focus of employers who are looking to see what policy and enforcement priorities will come out of the federal Department of Labor. In addition, the pandemic has placed a spotlight on low-wage workers and the policies that affect them. View blog post
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June 22, 2021

California Local Minimum Wage Increases July 1, 2021

 California's state minimum wage increased on January 1, 2021 but some California localities have minimum wage ordinances which are higher than the state minimum wage. View blog post
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June 14, 2021

Illinois Nears 150% Increase to Wage and Hour Penalty

 On May 25, 2021, the Illinois General Assembly approved an amendment to the Illinois Wage Payment and Collection Act (the Act). If approved by Governor J.B. View blog post
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June 10, 2021

UPDATE: Department of Labor Issues Guidance and Required Workplace Poster Regarding the Families First Coronavirus Response Act

 Although the Department of Labor (DOL) has yet to issue the regulations regarding the FFCRA, this week, the DOL issued guidance for employers who are subject to the paid leave requirements of the Families First Coronavirus Response Act (FFCRA). View blog post
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June 4, 2021

Cal-OSHA Approves Revised COVID-19 Workplace Rules

 On June 3, 2021, California's Occupational Safety & Healthy Standards Board approved significant revisions to the initial COVID-19-related Emergency Temporary Standards (ETS) originally implemented on November 19, 2020 (see Perkins Coie's previous blog post  View blog post
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May 28, 2021

Additional Paid Leave for COVID-19 Vaccinations

 On May 18, 2021, the Los Angeles County Board of Supervisors passed an urgency ordinance related to paid leave for COVID-19 vaccinations. View blog post
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May 19, 2021

New Overtime Requirements for Washington Agricultural Workers

 In response to last year's groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172, amending the state's Minimum Wage Act as it relates to agricultural workers and adopting a phased approach for imposing overtime requirements on agricultural employers. View blog post
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May 12, 2021

US Department of Labor Announces Final Rule Regarding Independent Contractors

 The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called "Independent Contractor Status Under the Fair Labor Standards Act. View blog post
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April 27, 2021

Chicago Ordinance Prohibits Retaliation Against Employees for Time Spent Receiving COVID-19 Vaccinations

 Chicago recently enacted an ordinance granting employees rights in connection with getting a COVID-19 vaccine. View blog post
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March 24, 2021

California Requires COVID-19 Supplemental Paid Sick Leave Through September 30, 2021

 On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. View blog post
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March 23, 2021

New York Implements Targeted Paid Vaccination Leave

 On March 12, 2021, New York passed a new law requiring all New York employers to provide up to four (4) hours of paid leave for the purposes of receiving the COVID-19 vaccine. View blog post
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March 22, 2021

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

 In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. View blog post
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