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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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California “Regular Rate of Pay” Refresher

In California, the "regular rate of pay" is a term of art. Calculating it is not necessarily straightforward and much of the law in this area is counterintuitive, so employers should familiarize themselves with the basics to prevent missteps that can result in significant derivative penalties.

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What to Expect When You’re Expecting Change in D.C.

Will the Biden administration be Obama 2.0 for employers, or could we see a more progressive agenda? How will Biden's Labor Department address gig economy employers who classify workers as independent contractors? What workplace safety protections can we expect now that employees are coming back to work?

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The U.S. Department of Labor Proposes an Increased Minimum Wage for Workers on Government Contracts

On July 21, 2021, the U.S.

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California Supreme Court Rules Meal and Rest Period Premium Pay Is Calculated in the Same Manner as Calculations for Overtime Regular Rate of Pay

On July 15, 2021, the California Supreme Court decided Jessica Ferra v. Loews Hollywood Hotel, LLC, S259172 (Cal. S.Ct. July 15, 2021).

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Keep Track of the Many Paid Family and Medical Leave Programs Popping Up Across the Nation

Paid Family and Medical Leave (PFML) insurance programs provide benefits to eligible employees who need time off work to care for themselves or their family members. The programs enacted to date are typically funded through premiums paid by employers and/or employees via deductions based upon wages or payroll taxes, although the funding mechanism varies from state to state.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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

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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.

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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.