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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

California Supreme Court Issues Opinion on “Hours Worked”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 Holds

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

Deductions

DOL Opinion Letter Addresses Expense Reimbursement and Regular RateFifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform FeesIndiana Law Now Allows Paycheck Deductions for Uniform Rentals

Department of Labor

Trump DOL Signals a Back-off from Defending Independent Contractor RuleProposed Rule Would End Subminimum Wage for Employees with DisabilitiesDOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

District of Columbia

First D.C. Tip Credit Elimination Act Measures Soon to Become Effective2022 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

U.S. Supreme Court considers standard for proving an FLSA exemption appliesDOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral ArgumentTexas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas Employees Only (For Now)

Expenses, Expense Reimbursement

DOL Opinion Letter Addresses Expense Reimbursement and Regular RateDOL Issues New Opinion Letters on Fluctuating Workweek Hours Requirement, Other Topics

Fair Labor Standards Act

Proposed Rule Would End Subminimum Wage for Employees with DisabilitiesDOL Opinion Letter Addresses Expense Reimbursement and Regular RateU.S. Supreme Court considers standard for proving an FLSA exemption applies

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

Government Contracts

Supreme Court Won’t Consider Federal Contractor Minimum Wage Mandate

Hours of Work

California Supreme Court Issues Opinion on “Hours Worked”DOL Issues Internal Guidance on Telework Under the FLSA & FMLAOhio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

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

Independent Contractors

Trump DOL Signals a Back-off from Defending Independent Contractor RuleIndependent Contractor Rule Takes Effect, But Legal Challenges Mount

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

Michigan Supreme Court to Hear State’s Minimum Wage and Paid Sick Leave Laws BattleDOL Issues Internal Guidance on Telework Under the FLSA & FMLAArizona’s Voter-Approved Minimum Wage, Paid Sick Leave Law Constitutional, State High Court Affirms

Litigation

Trump DOL Signals a Back-off from Defending Independent Contractor RuleU.S. Supreme Court considers standard for proving an FLSA exemption appliesDOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

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

Michigan

Michigan Supreme Court to Hear State’s Minimum Wage and Paid Sick Leave Laws Battle

Minimum Wage

Supreme Court Won’t Consider Federal Contractor Minimum Wage MandateProposed Rule Would End Subminimum Wage for Employees with DisabilitiesMichigan Supreme Court to Hear State’s Minimum Wage and Paid Sick Leave Laws Battle

Minnesota

Saint Paul, Minnesota enacts "wage theft" ordinanceMinnesota Supreme Court Holds Minneapolis Minimum Wage Ordinance to Be LawfulMinnesota Appeals Court Upholds Minneapolis Minimum Wage Ordinance

Misclassification

Nomination of Acting DOL Secretary Julie Su is Sent Back to the White HouseDOL Aims for April 2024 Release of White-Collar Exemption Final RuleU.S. Department of Labor Further Delays Release of Independent Contractor Final Rule

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?

Ohio

Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

Oregon

Oregon Child Support Reporting Requirements Soon Will Include Employer Payments to Independent ContractorsOregon Revises Overtime Laws for Bakers and FarmworkersNew Oregon Overtime Law both Giveth to, and Taketh Away from, Manufacturing Employers

Overtime

DOL Opinion Letter Addresses Expense Reimbursement and Regular RateTexas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas Employees Only (For Now)Legal Challenges Mount to DOL Rule Raising Salary Threshold for Exempt Employees

Pay Transparency

Washington Updates Guidance On 2023 Pay Transparency RequirementsWashington Revises Its Pay Transparency Law to Require Proactive Salary Disclosure

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

Oregon Child Support Reporting Requirements Soon Will Include Employer Payments to Independent ContractorsNinth 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 Protocols

Regular Rate

DOL Opinion Letter Addresses Expense Reimbursement and Regular RateNinth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime PurposesAn Employer May Not Artificially Reduce an Employee’s Regular Rate to Avoid Paying Overtime, Eleventh Circuit Reiterates

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

Rulemaking

Trump DOL Signals a Back-off from Defending Independent Contractor RuleProposed Rule Would End Subminimum Wage for Employees with DisabilitiesDOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

Salary, Salary Basis

Texas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas Employees Only (For Now)PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds

Settlements

Arizona Federal Court Latest to Hold Judicial Approval of Individual FLSA Settlements Is Not RequiredSecond Circuit to Decide Whether Court Approval of FLSA Settlements Applies to Accepted Offers of Judgment

State Wage and Hour Laws

Saint Paul, Minnesota enacts "wage theft" ordinanceProposed Rule Would End Subminimum Wage for Employees with DisabilitiesCalifornia Supreme Court Issues Opinion on “Hours Worked”

Tips and Tipped Employees

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

U.S. Supreme Court

Supreme Court Won’t Consider Federal Contractor Minimum Wage MandateU.S. Supreme Court considers standard for proving an FLSA exemption applies

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

Saint Paul, Minnesota enacts "wage theft" ordinanceSupreme Court Won’t Consider Federal Contractor Minimum Wage MandateProposed Rule Would End Subminimum Wage for Employees with Disabilities

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

West Virginia

West Virginia Enacts Changes to Payroll Card Method of Wage Payment

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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