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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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Washington Postpones Collection of Long-Term Care Employee Premiums to July 2023

On Jan. 27, 2022, Washington Gov. Jay Inslee signed House Bills 1732 and 1733, amending the Long-Term Services and Supports Trust Act, known as the Washington Cares Fund (the Act), and delaying implementation of the Act to July 1, 2023. Under the Act, the state of Washington is slated to deduct long-term care premiums from employee paychecks, at a premium rate of 58 cents per $100 of earnings.

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California Assembly Amends FAST Recovery Act Proposal

On January 20, 2022, members of the California Assembly voted 43-13 to approve amendments to Assembly Bill 257, which seeks to enact the Fast Food Accountability and Standards Recovery Act (known as the "FAST Recovery Act").

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Washington State Pauses Collection of WA Cares Fund Premium Assessments, Employers Should Too

A joint statement was released that included the Governor's intention to direct the State's Employment Security Department not to collect WA Cares Fund premiums.

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Minimum Wage Increases to $15 for Federal Contractors Beginning January 30, 2022

While President Biden's vaccine mandate wends its way through the courts, another of the administration's early initiatives impacting federal contractors is set to go into effect early next year. On November 22, 2021, the Department of Labor (DOL) published its Final Rule implementing Execut

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West Hollywood Establishes Citywide Minimum Wage and Guaranteed Leave Provisions

The West Hollywood City Council unanimously approved a draft Ordinance establishing a citywide minimum wage and guaranteed leave during a November 3, 2021 City Council meeting that ended on November 4, 2021.

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U.S. Department of Labor Addresses Tips

Clarification Regarding Tip Pool Participation for Managers and Supervisors The U.S. Department of Labor (DOL) recently clarified the rules under which managers and supervisors can participate in a mandatory tip pool.

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Employee Asserts Claims of Uncompensated COVID-19 Screening Practice

On October 18, 2021, Plaintiff Ysa Santana Reynoso (Reynoso), a former employee of pork processor Hatfield Quality Meats, Inc.

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California Law Makes Intentional Wage Theft a Jailable Offense

On September 27, 2021, California Governor Gavin Newsom signed Assembly Bill No. 1003 (AB 1003) into law. The purpose of AB 1003 is to make the intentional theft of wages punishable as grand theft under the California Penal Code and, therefore, a felony in California.

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No More Free Flights: Employee Travel Time Is Now Compensable Under Washington Law

In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of Labor & Industries' (L&I) interpretation that all travel time related to work is compensable, regardless of when it takes place.

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ESD Audits: What They Are, How to Prepare, and Best Practices for Employers

The Washington State Employment Security Department audits records of employers located in Washington to confirm that wages and hours are accurately reported and to ensure compliance with the state's unemployment insurance laws and rules. During the audit, ESD auditors will perform a wide variety of functions, including looking for evidence of unreported employees, casual labor, independent c

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California Takes Aim at Productivity Quotas at Warehouse Distribution Centers

On September 22, 2021, Governor Gavin Newsom signed Assembly Bill No.

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Massachusetts Eyes Gig Economy Driver Classification Ballot Initiative

On September 1, 2021, Massachusetts Attorney General Maura Healey approved two potential ballot initiatives (Initiative 1,

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Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time

In an unpublished opinion, the Ninth Circuit held that an employer is not required to pay employees for time spent undergoing government-required security checks enforced by a governmental body to access the worksite. Plaintiff Jesus Cazares claimed his employer, Host Internation

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Department of Labor Rescinds Joint Employer Test Under the FLSA

On July 29, 2021, the U.S. Department of Labor (DOL) rescinded a final rule issued under the Trump administration that had narrowed the definition of a vertical joint employment relationship under the Fair Labor Standards Act (FLSA).

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No Such Thing as a Paid Intern, Says Washington State Department of Labor & Industries

Did you know that July 29 was National Intern Day?