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Wage & Hour Law Update

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Alabama

Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage LawsEleventh Circuit to Undertake Full-Court Review of Challenge to Alabama Law Prohibiting Local Minimum Wage LawsOregon Governor Signs Bill Increasing Oregon’s Minimum Wage

Alaska

Alaska Supreme Court Cools Down Standard for Establishing State Law Wage & Hour Exemptions

Arbitration

Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration AgreementsJust as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit HoldsFlorida Federal Court Provides Path for Employer Recovery of Attorney’s Fees in FLSA Cases

Arizona

Arizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court AffirmsNew Arizona Law Permits Parties To Establish Presumption Of Contractor Status Through Writing

Arkansas

Arkansas, Missouri Voters Approve Minimum Wage IncreasesArkansas Supreme Court Limits Statute Of Limitations For State Wage Claims To Three Years

Attorney's Fees

Trial Court Properly Applied Rule 68 Offer of Judgment and Reduced Attorney’s Fee Demand in FLSA Case, Eleventh Circuit Concludes“Catalyst” Test Applicable to Awarding Attorney’s Fees for State Wage and Hour Claims, Massachusetts Supreme Judicial Court Holds

Bonuses

Third-Party Bonuses Are Not Necessarily “Remuneration” for Overtime Purposes, Third Circuit HoldsCalifornia Supreme Court Adopts State Agency Formula for Calculating Overtime Value of Flat-Sum Bonus, Rejecting Federal ViewSecond Circuit Affirms: Business Not Obligated to Pay $350,000 “Performance” Bonus to Prospective Employee Who Never Worked A Day

California

Ninth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break ViolationsSettlement or Dismissal of Individual Claims Does Not Preclude Assertion of PAGA Claims, California Supreme Court HoldsThe California Supreme Court to Decide Dynamex Retroactivity

Class Actions

Supreme Court Holds Availability of Class Claims Must be Expressly Declared in Arbitration AgreementsJust as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit HoldsBuilding Upon Dukes, Supreme Court Imposes Further Limitations on Certification of Rule 23 Class Actions

Colorado

Colorado's COMPS Order 36 Goes Into Effect, With Some Modifications and Compliance Grace PeriodsColorado Lifts Ban on Local Minimum Wage Ordinances - With Restrictions

Connecticut

Connecticut’s Pandemic “Hero Pay” Program Goes Into EffectConnecticut’s Minimum Wage Increasing to $14 on July 1Connecticut’s Minimum Wage Increases to $12 per hour on September 1

Coverage

DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor RuleA Few Out-of-State Telephone Calls Per Week May Be Sufficient to Establish FLSA Coverage, 11th Circuit HoldsTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit Holds

Damages

Trial Court Properly Applied Rule 68 Offer of Judgment and Reduced Attorney’s Fee Demand in FLSA Case, Eleventh Circuit ConcludesTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit HoldsLouisiana Federal Court Rules Half-Time Method Applies to Calculation of Any Alleged Unpaid Overtime and Bonuses Paid Offset Any Potential Liability

Department of Labor

President Biden to Nominate Julie Su as New Secretary of LaborDOL Issues Internal Guidance on Telework Under the FLSA & FMLALabor Secretary Walsh Expected to Leave DOL for NHL

District of Columbia

2022 State Elections Result in Several Minimum Wage ChangesComplying with DC Wage Theft Act

Equal Pay

Philadelphia Mayor Signs into Law Legislation to Ban Inquiries into Wage History - UpdateNYSDOL Adopts Regulations Implementing State Law Limiting Employer’s Right to Restrict Employee Discussion Regarding Wages

Exemptions

Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSACable Technicians Were Exempt Commissioned Employees, Fifth Circuit ConcludesFarm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

Expenses

DOL Issues New Opinion Letters on Fluctuating Workweek Hours Requirement, Other Topics

Florida

Miami Minimum Wage Ordinance Remains Invalid after Review Denied by Florida Supreme CourtFederal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All TipsEleventh Circuit Rejects Airline Deregulation Act Preemption Challenge To Living Wage Ordinance

Furloughs

Second Circuit Grants WARN Plaintiffs New Life On “Single Employer” TheoryDOL Issues Guidance on Furloughs and Reductions in Pay

Georgia

Georgia Law Endorses ‘On Call Scheduling’ Practice

Hours of Work

DOL Issues Internal Guidance on Telework Under the FLSA & FMLAOhio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In ProcedureIn-flight Meal Periods for Security Officers Were Not Compensable, Fifth Circuit Holds

Illinois

Illinois Governor Signs $15 Minimum Wage LawIllinois Legislature Approves Bill to Raise Minimum Wage to $15.00, Sends to Governor for SignatureIllinois Legislature Fast-Tracks Bill to Raise Minimum Wage to $15.00

Indiana

Indiana Law Now Allows Paycheck Deductions for Uniform RentalsCommissioned Sales Employee Not Entitled To Commission Payment Under The Plain Language Of Incentive Compensation PlanIndiana Appeals Court Declines to Adjudicate Pastor’s Claim For Unpaid Vacation, Citing Ministerial Exception

Leave

DOL Issues Internal Guidance on Telework Under the FLSA & FMLAArizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court AffirmsNew York City Enacts Municipal Office of Labor Standards; Office’s Initial Mandate Is To Enforce NYC Earned Sick Time Act

Litigation

Pandemic-Related Wage and Hour Claims a Focus of JL's Latest Class Action Trends ReportState Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime RuleSen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation

Louisiana

Louisiana Court Holds That PTO Days Are Considered Wages Under State Law

Maine

Maine Judge Agrees with Colleague: No Individual Liability Under Maine Wage-and-Hour Law

Maryland

Consistent With Recent Decisions, Maryland Judge Finds Vocational School Students Not FLSA “Employees”Maryland Judge Rules On-Call Time Non-Compensable Due To Freedom For Personal ActivitiesMaryland High Court Issues Opinion Regarding Right of Employees to Sue for Unpaid Wages

Massachusetts

Service Charge or Administrative Fee? A Distinction With a Difference, the Supreme Judicial Court of Massachusetts Holds“Catalyst” Test Applicable to Awarding Attorney’s Fees for State Wage and Hour Claims, Massachusetts Supreme Judicial Court HoldsMassachusetts Law To Prohibit Inquiries Regarding Prior Salary at Interview

Meal and Rest Breaks

In-flight Meal Periods for Security Officers Were Not Compensable, Fifth Circuit HoldsNinth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break ViolationsTimber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit Holds

Minimum Wage

2022 State Elections Result in Several Minimum Wage ChangesConnecticut’s Minimum Wage Increasing to $14 on July 1Preliminary Motion Seeking to Invalidate DOL’s Dual Jobs Final Rule Fails

Minnesota

Minnesota Supreme Court Holds Minneapolis Minimum Wage Ordinance to Be LawfulMinnesota Appeals Court Upholds Minneapolis Minimum Wage OrdinanceHere’s a Tip, Minnesota: Discharging Employees for Refusing to Share Gratuities is Prohibited

Misclassification

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit HoldsProperty Damage Investigators Are Non-Exempt “Production” Employees, 11th Circuit HoldsForensic Photographer Trainee Takes Shot at Employee Status, But It Doesn't Develop, 11th Circuit Rules

Missouri

Arkansas, Missouri Voters Approve Minimum Wage Increases

Nebraska

2022 State Elections Result in Several Minimum Wage ChangesClarifying Recent Legislative Amendment, Nebraska Supreme Court Addresses Entitlement To Commissions Under State Law, Contract

Nevada

2022 State Elections Result in Several Minimum Wage ChangesNevada Enacts Minimum Wage Increase to $12 Per HourNevada Supreme Court Okays Tip Pooling

New Hampshire

New Hampshire Repeals Minimum Wage Law

New Jersey

New Jersey Independent Contractor Bill Based on “ABC” Test Has Failed – For NowNew Jersey Becomes Latest State to Enact a $15 Minimum Wage LawJersey City Seeks To Establish Minimum Workweek Floor of 30 Hours for Building Services

New York State

Small Claims Court Recovery Barred Subsequent FLSA and State Law Pay Claims, Second Circuit HoldsLimousine Service Employee Was Properly Classified as Exempt, Second Circuit HoldsNew York Governor Vetoes “Wage Theft” Lien Bill, Promises Replacement

North Carolina

North Carolina’s New Employee Misclassification Law: What Will Be the Practical Effect?

Oregon

Oregon Revises Overtime Laws for Bakers and FarmworkersNew Oregon Overtime Law both Giveth to, and Taketh Away from, Manufacturing EmployersOregon Governor Signs Bill Increasing Oregon’s Minimum Wage

Pennsylvania

Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt EmployeesLatest Municipal Wage Law: Philadelphia's Wage Theft LawCorrections Officers’ Pleading Did Not Establish That County Was “Primary Beneficiary” Of Unpaid Meal Period

Pennsylvania

Philadelphia Mayor Signs into Law Legislation to Ban Inquiries into Wage History - Update

Puerto Rico

Congress Approves Puerto Rico's Reprieve From Salary Basis Increase

Recordkeeping

Ninth Circuit Tosses $102 Million Award Against Walmart Alleging California Wage Statement and Meal Break ViolationsCourt Rejects Nurses’ Generalized Claim of “8 to 12” Uncompensated Hours Based on Employer’s Time Keeping ProtocolsNinth Circuit Upholds Trial Court’s Finding Rejecting Allegation of Unpaid Sixth Day of Work Despite Absence of Employer Records

Regular Rate

Bonuses Prompted by Federal Tax Reform and Pay for Charitable Volunteer Time Were Properly Excluded From Employees’ Overtime Calculation, Fourth Circuit HoldsDOL Issues Opinion Letters Regarding Pay Calculations for Teleworkers, In-Home CaregiversDOL Issues New Opinion Letters Revolving Around the FLSA’s “Regular Rate”

Retaliation

Here’s a Tip, Minnesota: Discharging Employees for Refusing to Share Gratuities is ProhibitedNinth Circuit Affirms: Not All Complaints About Work Policies Relating to Hours “Protected Activity” Under the FLSAFlorida Judge Rejects Retaliation, Interference Claims Brought By Wait Staff

Rhode Island

Rhode Island Enacts Tip Law, Mirroring Aspects of the FLSARhode Island Joins List of States Enacting $15 Minimum Wage Law

Salary

PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds

Settlements

Second Circuit to Decide Whether Court Approval of FLSA Settlements Applies to Accepted Offers of Judgment

States

2022 State Elections Result in Several Minimum Wage ChangesWashington Updates Guidance On 2023 Pay Transparency RequirementsConnecticut’s Pandemic “Hero Pay” Program Goes Into Effect

Tips

Rhode Island Enacts Tip Law, Mirroring Aspects of the FLSAFifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform FeesRestaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

Uncategorized

Connecticut’s Pandemic “Hero Pay” Program Goes Into EffectHawaii Becomes First State to Enact $18 Minimum WageAuto Technicians’ Pay Structure May Have Been Convoluted, But It Was Still a Bona Fide Commission Plan, Seventh Circuit Concludes

Utah

Utah’s Highest Court Finds LLC Managers Were Not Employers Under State Wage LawFollowing Woody Woo, Federal Court In Utah Rejects Employee Gratuity Claim Since No Tip Credit Taken

Virginia

Virginia’s Republican Lawmakers Seek to Reverse State’s Overtime Wage ActVirginia Governor Signs Executive Order Establishing Joint Task Force on Worker Misclassification and Payroll Fraud

Wage and Hour

PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit HoldsDOL Issues Internal Guidance on Telework Under the FLSA & FMLALabor Secretary Walsh Expected to Leave DOL for NHL

Wage Deductions

Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform FeesIndiana Law Now Allows Paycheck Deductions for Uniform Rentals

Washington

Washington Updates Guidance On 2023 Pay Transparency RequirementsWashington Revises Its Pay Transparency Law to Require Proactive Salary DisclosureWashington’s Highest Court Rules Piece Rate Compensation Does Not Satisfy Rest Break Pay Requirement

Wisconsin

Wisconsin Wage and Hour Law: Rounding Employee TimeWisconsin Supreme Court Holds State Law Precludes Pay for Normal Commute Time in Employer-Provided VehiclesWisconsin Legislature Preempts Local Enactment of Wage and Hour Regulations

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