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California Poised to Reclassify "Potentially Several Million" Independent Contractors

Date:: September 11, 2019

If signed into law as expected, AB 5 would codify the California Supreme Court's 2018 "Dynamex" ruling as part of the state code and extend its application beyond the wage orders to include state labor and unemployment insurance laws.

Arizona Employers Can Face Requirements Going Beyond State Law

Date:: September 5, 2019

The Arizona Supreme Court has let stand a ruling that permits local governments to regulate wages and benefits beyond what state law requires of private employers.

Qdoba Restaurants Fined More Than $400K for Child Labor Violations

Date:: August 28, 2019

The Massachusetts attorney general has levied more than $400,000 in penalties against 22 corporate-owned Qdoba restaurants in the state for more than 1,000 child labor law violations.

Payments From Third Parties Must Be Included in Overtime Only If Employee Agreed, 3rd Circuit Rules

Date:: August 26, 2019

In Sec'y United States DOL v. Bristol Excavating, Inc., the 3rd Circuit Court of Appeals ruled that a third-party payment qualifies as remuneration for employment under the Fair Labor Standards Act (FLSA) only when the employer and employee have effectively agreed it will.

Chicago Passes Predictive Scheduling Ordinance

Date:: July 31, 2019

Chicago has passed the Fair Workweek Ordinance requiring employers to provide employees advance notice of work schedules and additional pay for schedule changes.

New York Extends Labor Protections to Farm Workers

Date:: July 29, 2019

A new law extends collective bargaining rights, overtime and other labor protections to farm workers in New York.

9th Circuit Asks California's High Court to Decide Whether "Dynamex" Test Applies Retroactively

Date:: July 23, 2019

The 9th Circuit Court of Appeals has withdrawn an opinion issued earlier this year, in which it held that the Dynamex test for independent contractor classification applies retroactively.

New FLSA Opinion Letters Address Rounding, Bonuses and Paralegals

Date:: July 1, 2019

The US Department of Labor opined about permissible rounding practices for calculating an employee's hours worked; the calculation of overtime pay for nondiscretionary bonuses paid on a quarterly and annual basis; and the application of the highly compensated employee exemption to paralegals.

Nevada Enacts Paid Leave, Minimum Wage Increases and More

Date:: June 13, 2019

Starting in 2020, employers with 50 or more employees in Nevada will be required to provide employees up to 40 hours hours of paid leave per benefit year. In addition, Nevada's minimum wage will increase by 75 cents per year, until it reaches $12 per hour in 2020.

Washington State Proposes Raising Minimum Salary for Overtime-Exempt Workers

Date:: June 5, 2019

The Washington State Department of Labor & Industries issued draft regulations, under which the minimum salary for executive, administrative, professional and outside sales employees would increase from the current level of $23,660 to $49,140 for large employers and to $35,100 for small employers, effective July 1, 2020.

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