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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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New York State’s Minimum Wage To Increase Effective January 1, 2024

On May 3, 2023, New York Governor Kathy Hochul signed into law the FY2024 New York State Budget Agreement (the Budget), which includes legislation increasing the state's minimum wage rate over the next three years.

Specifically, the Budget amends Section 652 of the New York Labor Law (NYLL) as follows:

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Eastern District of Virginia Follows the Fifth Circuit’s One-Step Certification Approach for Collective Actions Under the Fair Labor Standards Act (FLSA)

In Mathews v. USA Today Sports Media Group, LLC et al., plaintiff Elizabeth Mathews (Mathews) brought a collective action under the FLSA alleging that she was an employee rather than an independent contractor to the defendant. Mathews moved for conditional certification pursuant to the widely followed two-step conditional FLSA certification process adopted in Lusardi v.

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Deadline Looms Under California Pay Data and Disclosure Law

California's enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.

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California Seeks To Expedite Wage Claim Adjudication: Audit Scheduled

As California Governor Gavin Newsom's administration seeks to finalize the 2023-24 Governor's Budget, the California Joint Legislative Audit Committee has moved to audit the persistent backlog of wage theft cases at the Division of Labor Standards Enforcement.

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New Minimum Wage Ordinance in San Mateo County, California

San Mateo County (the County) enacted a new minimum wage ordinance that took effect April 1, 2023. The County's minimum wage is an hourly rate of $16.50. Beginning January 1, 2024, and each January thereafter there will be increases in the rate.

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California Court of Appeal Opens New Pathway for Private Attorneys General Act Claims

Recently, a California court of appeal held that employees can pursue Private Attorneys General Act (PAGA) claims for violations of California's Healthy Workplaces, Healthy Families Act of 2014 (HWHF) (Labor Code § 245 et seq.) The HWHF generally requires employers provide eligible employees at least three

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Eighth Circuit Pushes Back Against Using More Experienced Comparators in EPA Claims

In O'Reilly v. Daugherty Systems, the U.S. Court of Appeals for the Eighth Circuit[1] ruled that, for purposes of the Equal Pay Act (EPA) claim, greater experience can serve as a legitimate reason for a pay differential on March 29, 2023.

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Illinois Adopts Paid Leave for Any Reason

Illinois Governor Jay Pritzker signed into law the Paid Leave for All Workers Act (PLFAW) on March 13, 2023, adopting the bill that the Illinois General Assembly passed on January 10, 2023. The law guarantees all Illinois workers at least 40 hours of paid leave (or a pro rata amount, depending on the number of hours worked) in a 12-month period starting January 1, 2024.

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New York Amends Forthcoming Pay Transparency Law

On March 3, 2023, New York Governor Kathy Hochul signed into law an amendment to New York State's pending Pay Transparency Law, which will become effective on September 17, 2023. A summary of the amendment can be found here.

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Update: Los Angeles Fair Work Week Ordinance Imposes New Wage and Hour Requirements for Certain Retail Businesses

The City of Los Angeles' Fair Work Week Ordinance will take effect on April 1, 2023. Generally, the Fair Work Week Ordinance requires retail businesses in Los Angeles with 300 employees or more to follow certain scheduling restrictions.

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Court of Appeal Reevaluates Decision in Light of California Supreme Court’s Decision in <em>Naranjo</em>

As previously discussed here, the California Supreme Court determined that "missed-break premium pay constitutes wages" for purposes of waiting-time penalties pursuant to California Labor Code Section 203 in Naranjo v.

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California Supreme Court Agrees To Review Case Involving California Timekeeping Rules

In Camp v. Home Depot U.S.A., Inc., H049033, the California Court of Appeal for the Sixth District analyzed legal authority regarding an employer's rounding practices as they pertain to timekeeping.

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2024 California Ballot Initiative Could Repeal PAGA

In November 2024, California voters will have the opportunity to pass a ballot initiative to repeal the California Labor Code's (Labor Code) Private Attorneys General Act of 2004, Cal. Lab. Code § 2698, et seq. (PAGA).

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Coronel v. Pinnacle Agriculture Distribution, Inc.

The California Supreme Court denied review of an appellate court judgment in favor of Simplot in a case called Coronel v. Pinnacle Agriculture Distribution, Inc. (Coronel).

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Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

The U.S. Supreme Court recently ruled in Helix Energy Solutions Group v. Hewitt that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act's overtime requirements.

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