New regulations proposed recently by the West Virginia Division of Labor are expected to establish new definitions for what counts as working time under the state's minimum wage and overtime laws. These definitions differ from the federal Fair Labor Standards Act (FLSA) in a wide range of areas, including pre- and post-shift activities, training time, and break periods.
The Supreme Court's ruling in Integrity Staffing Solutions, Inc. v. Busk sets a significant new standard: Just because an employer requires its employees to perform an activity or benefits from them performing an activity does not necessarily mean that they must be paid for that activity.
New ordinances awaiting the mayor's signature would, among other things, require certain businesses to offer any additional hours of work available to current part-time employees before hiring new employees or using subcontractors or a temporary services or staffing agency to do work.
Initiatives to raise the minimum wage will appear on the ballot November 4 in Alaska, Arkansas, Nebraska and South Dakota, as well as three cities in California: San Francisco, Oakland and Eureka. Polls show that a majority of voters support the initiatives.
Alabama is the 16th state to join the US Department of Labor's Misclassification Initiative, following California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New York, Utah and Washington.
The US Supreme Court's new term begins today and includes a number of cases with significant employment law implications, including a pregnancy accommodation dispute, a religious discrimination case involving Abercrombie & Fitch and more.
If the council overrides an expected veto, the minimum wage will start at $9.75, effective January 1, 2015, then rise to $10.50 in 2016 and to $11.50 in 2017. Starting January 1, 2019, and every January 1 thereafter, the minimum wage will be adjusted for inflation.
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