Wage & Hour Developments
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 🡢
New Paid Sick Leave and Minimum Wage Laws in Washington State Effective January 1
Multiple new laws will take effect in Washington state beginning January 2024, bringing changes to the state's minimum wage laws and adding requirements under the state's Paid Sick Leave Law.
NLRB and OSHA’s New MOU Will Increase Interagency Cooperation and Coordination
The National Labor Relations Board and Occupational Safety and Health Administration executed a Memorandum of Understanding on October 31, 2023, that will help facilitate interagency coordination and cooperation. The goal of this partnership is to strengthen health and safety protections for workers.
Chicago Passes Sweeping Paid Leave Ordinance
The city of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be used for any purpose and five annual days of paid sick leave that can be used for specified purposes.
Arizona Court of Appeals Reinstates Retaliatory Discharge Claim Under Fair Wages and Healthy Family Act
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC that a discharged employee could proceed with his retaliation claim against his former employer. The employee alleged that he had been terminated when he attempted to use earned paid sick time under Arizona's Fair Wage and Healthy Family Act.
Arizona District Court Finds Denial of Temporary Telework Not an Adverse Employment Action
Recently, in Matthews v. City of Tempe, 2023 WL 6880652, the Arizona Federal District Court considered whether an employer discriminated against a former employee when it denied him an opportunity to telecommute on certain days but allowed female employees to take advantage of remote work.
Connecticut Expands Sick and Safe Leave
Connecticut Paid Sick and Safe Leave was expanded to add two additional permitted uses, effective October 1, 2023. Connecticut Paid Sick and Safe Leave originally went into effect in 2012. The law allows covered employees to accrue one hour of paid sick and safe leave for every 40 hours worked and accrue up to 40 hours per year.
California Raises Minimum Wage for Healthcare Workers Effective June 1, 2024
California Governor Gavin Newsom signed into law SB 525, which provides a tiered approach for minimum wages for the state's healthcare workers. The law sets forth detailed descriptions of which types of healthcare facilities are covered and which employees are covered by the law.
California Governor Signs New Law Expanding California State Sick Leave
On October 4, 2023, Governor Gavin Newsom announced that he signed SB 616, which expands the state law with respect to paid sick leave.
New Minimum Wage for Fast Food Workers in California
California Governor Gavin Newsom signed into law AB 1228, which requires that fast-food workers who work at a national fast food chain (defined as a limited-service restaurant consisting of more than 60 establishments nationally) be paid a minimum of $20 per hour, effective April 1, 2024.
Wage Theft Now Qualifies as Larceny Under New York Law
New York Governor Kathy Hochul recently signed the Wage Theft Accountability Act (WTPA) into law, which was effective immediately. The law amends New York's criminal larceny statute to include "wage theft" in its definition of "larceny." NY CLS Penal § 155.05(2)(f).
California Governor Revives Industrial Welfare Commission
The California Industrial Welfare Commission (IWC) was established to regulate wages, hours, and working conditions in California. Importantly, the IWC adopted "wage orders," which establish specific rules for various industries. California has not funded the IWC since 2004, and it has not been in operation. This is likely to change.
Illinois Joins the Growing List of States With New Pay Transparency Laws
Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January 1, 2025, and requires all employers with 15 or more employees to provide pay scale and benefits information in all open job postings.
District of Arizona Addresses Judicial Approval of Individual Fair Labor Standards Act Settlements
In August 2023, the U.S. District Court for the District of Arizona joined "the growing number of courts that have concluded" that judicial approval of Fair Labor Standards Act (FLSA) settlements "is neither authorized or necessary." In Evans v.
Department of Labor Seeks To Raise the Federal Minimum Salary Required To Qualify as an Exempt Employee for Fair Labor Standards Act Purposes
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking on August 30, 2023, which proposes revisions to the regulations issued under the Fair Labor Standards Act (FLSA).
Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act. In Arrison v.