Agreeing with the district court, the Court of Appeals for the Fourth Circuit has concluded that the mandatory service charges imposed by a restaurant on dining parties of six or more were not “tips” under the FLSA. However, the Court of Appeals reversed and remanded the trial court’s determination that the FLSA’s “commissioned salesperson” overtime
Minimum Wage
The Future of Wage and Hour Law In the Biden Administration
By Jeffrey W. Brecher & David T. Wiley on
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the…
Connecticut’s Minimum Wage Increases to $12 per hour on September 1
By David R. Golder on
Posted in Connecticut, Minimum Wage
In May 2019, Connecticut joined a host of other states, including New York, New Jersey, and Massachusetts, in passing a bill that, pursuant to a series of incremental increases over time, will raise the state’s minimum wage to $15.00 per hour. The first increase occurred in October 2019 and the next increase, to $12 per…
Minnesota Supreme Court Holds Minneapolis Minimum Wage Ordinance to Be Lawful
By Lee A. Lastovich & Gina K. Janeiro on
Posted in Minimum Wage, Minnesota
The Minnesota Supreme Court, the state’s highest appellate court, has upheld a minimum wage ordinance enacted by the City of Minneapolis in 2017, providing for a higher minimum wage than that provided by state law. Graco, Inc. v. City of Minneapolis, 2020 Minn. App. LEXIS 12 (Minn. Jan. 20, 2020).
In June 2017, the…
Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage Laws
By Thomas A. Davis, Tammy L. Baker & David T. Wiley on
Posted in Alabama, Minimum Wage
In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the lawsuit, specifically, the Attorney General for the State of Alabama. As a result, the Court of Appeals had no authority to determine whether the plaintiffs’…
U.S. House of Representatives Passes $15 Minimum Wage Bill
By Eric R. Magnus & Jeffrey W. Brecher on
Posted in Minimum Wage
After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to $15.00 per hour over a six-year period. The House passage of the Bill comes at a time when an…
Nevada Enacts Minimum Wage Increase to $12 Per Hour
By Deverie J. Christensen on
Posted in Minimum Wage, Nevada
Nevada’s minimum wage will increase to $12.00 per hour (or $11.00 for employees offered health insurance) by mid-2024, based on a new bill signed into law by Nevada Governor Steve Sisolak. Beginning July 1, 2020, Nevada’s current minimum wage rates of $8.25 (without health insurance) and $7.25 (with health insurance) will increase by $0.75 to…
Colorado Lifts Ban on Local Minimum Wage Ordinances – With Restrictions
By Jackson Lewis P.C. on
Posted in Colorado, Minimum Wage
Repealing a 20-year old prohibition on local enactment of minimum wage ordinances, on May 28, 2019, Governor Jared Polis signed House Bill 1210 allowing, with certain restrictions, such local ordinances. Under H.B. 1210, no more than 10 percent of Colorado’s local jurisdictions may enact local minimum wage rates and any such rates cannot increase by…
Connecticut to Join the Increasing Number of States Enacting a $15 Minimum Wage Law
By David R. Golder on
Posted in Connecticut, Minimum Wage
With Governor Ed Lamont pledging to sign it into law, Connecticut will become the latest state to pass a $15.00 per hour minimum wage bill joining, among other states, its Northeast neighbors New York, New Jersey and Massachusetts, in doing so.
Under the Connecticut law, the state’s current minimum wage of $10.10 per hour will…
Minnesota Appeals Court Upholds Minneapolis Minimum Wage Ordinance
By Gina K. Janeiro & Lee A. Lastovich on
Posted in Minimum Wage, Minnesota
The Court of Appeals of Minnesota, the state’s intermediate appellate court, has upheld a minimum wage ordinance enacted by the City of Minneapolis in 2017, providing for a higher minimum wage than that provided by state law. Graco, Inc. v. City of Minneapolis, 2019 Minn. App. LEXIS 84 (Minn. Ct. App. Mar. 4, 2019).…