Archives: Wage and Hour

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California requires new COVID-19 Supplemental Paid Sick Leave in 2021

On March 19, 2021, Governor Newsom signed Senate Bill 95 (SB 95), which creates, in part, new Labor Code Section 248.2.[1] As a reminder, Governor Newsom previously signed AB 1867, which added Labor Code sections 248 and 248.1 to provide COVID-19 Supplemental Paid Sick Leave to food sector workers and employees who worked for employers … Continue Reading

Congress extends payroll tax credits to employers voluntarily providing FFCRA paid leave and expands leave provisions

As of January 2021, providing FFCRA paid leave is optional. Employers choosing to provide FFCRA Paid Leave to their employees on a voluntary basis can now receive a payroll tax credit to cover the wages paid through September 30, 2021 (subject to applicable caps).  Last year, in response to the COVID-19 Pandemic, Congress passed the … Continue Reading

New York to provide paid leave for COVID-19 vaccination

On March 12, Governor Andrew Cuomo signed into law a bill requiring that all public and private employers in New York State provide their workforces with up to four hours of paid time off to receive the COVID-19 vaccine. More particularly, the law requires that Empire State employers provide their employees with “a sufficient period … Continue Reading

California Supreme Court rejects rounding time for meal breaks

On February 25, 2021, the California Supreme Court decided Donohue v. AMN Services, LLC[1] (Donohue).  In that case, the court held that (1) employers cannot round time in the meal period context and (2) time records showing noncompliant meal periods raise a rebuttable presumption of a meal period violation.  Accordingly, the court’s decision has significant implications … Continue Reading

Managing the risks of incentivizing COVID-19 vaccines for employees

The release of the COVID-19 vaccine came as welcome news for employers. With it, however, employers will now confront myriad new questions about how the vaccine will affect workplace terms and conditions. The foremost question across all sectors has been simple: Can and should employers mandate that their employees get vaccinated? While issuing a mandate … Continue Reading

New York employers may be “exposed” to COVID-19 workers’ compensation claims

In September 2020, the New York Workers’ Compensation Board (WCB) issued guidance related to COVID-19 claims and their compensability under the State’s workers’ compensation laws. This guidance is especially noteworthy because workers’ compensation claims are expected to increase substantially as a result of COVID-19. By way of background, New York is one of the few … Continue Reading

U.S. Department of Labor finalizes rule creating a new “reality” for classifying independent contractors

As we previously reported, this past September the U.S. Department of Labor (DOL) proposed a new rule that would create a uniform approach to the way companies classify workers as independent contractors or employees under the Fair Labor Standards Act (FLSA). More specifically, in the proposed rule, the DOL adopted the “economic reality” test, which … Continue Reading

New York City passes key amendments to paid safe and sick leave law

New York City first adopted a local paid sick leave law in 2014. Over the ensuing six years, the City legislature amended the law several times, including in 2018 to add “safe leave” as a form of paid time off. Late last month, the City amended the Earned Safe and Sick Time Act (ESSTA) yet … Continue Reading

DOL issues new final rule and updated guidance for employers who use the fluctuating workweek method to calculate overtime

On May 20, 2020, the U.S. Department of Labor (DOL) published a final rule explaining that bonuses and other incentive payments—paid in addition to an employee’s weekly salary—are compatible with the fluctuating workweek (FWW) method of calculating overtime under the Fair Labor Standards Act (FLSA). The final rule went into effect on August 7, 2020. … Continue Reading

California requires new COVID-19 supplemental paid sick leave

On September 9, 2020, Governor Newsom signed Assembly Bill (AB) 1867 into law, adding section 248.1 to the Labor Code. Under this new section, “hiring entities” are required to provide supplemental COVID-19 paid sick leave (CPSL) to “covered workers.” This is in addition to any paid sick leave that may be available to the covered … Continue Reading

New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule

Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under federal wage and hour law.  Yesterday, however, a New York federal judge struck down a significant portion of the rule.  Judge Gregory H. Woods’ 62-page decision delivers a significant blow to businesses that had … Continue Reading

New York’s healthy terminals act may create additional wage and benefits obligations for airport employers

Airport workers at John F. Kennedy (JFK), LaGuardia (LGA), and New York Stewart International Airport (SWF-Stewart Intl.) may soon be receiving increased wages and benefits under the Healthy Terminals Act (the “Act”) (Senate Bill S6266D).  Spurred by the COVID-19 related death of a JFK airport worker, the Act recently passed both the New York State … Continue Reading

Everything you need to know about New York’s forthcoming statewide paid sick leave law

The enactment of paid sick leave laws began as a state and local employment law trend roughly a decade ago, gaining substantial momentum in the mid-2010’s.  Amidst this wave, New York City adopted a paid sick leave law in April 2014.  The City Council later amended the law – in May 2018 – to provide … Continue Reading

Are your sales employees exempt? DOL provides guidance in three new opinion letters

The Department of Labor’s (DOL’s) Wage and Hour Division recently issued three new opinion letters addressing the Fair Labor Standards Act’s (FLSA’s) sales exemptions. Two letters address the outside sales exemption, and the third addresses the retail or service establishment exemption. FLSA2020-6: Do salespeople who travel to different locations to sell their employers’ products using … Continue Reading

Pursuit of pre-litigation liquidated damages no longer the DOL’s default policy

The U.S. Department of Labor, Wage and Hour Division (WHD) recently announced it will no longer automatically pursue pre-litigation liquidated damages from employers.  WHD now takes the position that recovering pre-litigation liquidated damages should only occur in a limited number of cases and it will more selectively pursue such additional recoveries. WHD issued this new … Continue Reading

15 California localities increase minimum wage on July 1, 2020

California employers need to be aware of impending local minimum wage increases in 13 California cities and counties on July 1, 2020, under local ordinances.  The minimum wage will increase in the following localities on July 1 as described below.  Clients must make sure their minimum wage postings reflect these changes. Locality Employers with 25 … Continue Reading

Oakland passes COVID-19 paid sick leave

On May 12, 2020, Oakland passed an emergency ordinance joining Los Angeles, San Francisco, and San Jose in requiring employers to provide paid sick leave to employees for COVID-19-related reasons.  Codified as Code of Ordinances Chapter 5.94 and known as the “Protecting Workers and Communities During a Pandemic – COVID-19 Emergency Paid Sick Leave Ordinance” … Continue Reading

COVID-19 FAQs for California employers

The worldwide COVID-19 pandemic has had, and will continue to have, a substantial impact on the U.S. workplace. We have prepared a series of FAQs compiled based on some of the more common questions that clients with California-based employees have posed to us over roughly the past six weeks. These FAQs are general and high-level … Continue Reading

Wage and hour considerations in the post-COVID-19 era

As businesses reopen and employees begin returning to work, employers will have to navigate complex wage and hour issues they may have never considered before. Employers will need to adapt to a “new normal” of major workplace changes, including increased teleworking, social distancing, and new health and safety measures. Wage and hour issues for employees … Continue Reading

Virginia adopts a wave of new employment laws. Part 3 – Wage payment laws

As we previously reported on April 23 and April 27, 2020, in the midst of the COVID-19 pandemic dominating the news, Virginia Governor Ralph Northam recently signed into law a slew of bills passed earlier this year by the General Assembly that transform Virginia’s employment laws. This is the third in a series of alerts … Continue Reading

Virginia adopts a wave of new employment laws. Part 2 – Worker classification and clampdown on restrictive covenants

As we previously reported on April 23, 2020, in the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of bills passed by the General Assembly that transform Virginia’s employment laws. This is the second part of a series of alerts discussing Virginia’s groundbreaking new … Continue Reading

Virginia adopts a wave of new employment laws. Part 1 – Expansive discrimination and retaliation protections

In the midst of the COVID-19 pandemic that is dominating the news, Virginia Governor Ralph Northam signed into law a slew of bills passed by the General Assembly that transform Virginia’s employment laws. Effective July 1, 2020, Virginia’s long-standing status as a business-friendly state with few labor and employment laws will end. These new state … Continue Reading

Fifth Circuit examines the job duties required for the highly-compensated employee exemption from overtime pay under the FLSA

The Fair Labor Standards Act (FLSA) exempts certain highly-compensated employees (HCEs) from the requirement that they receive overtime pay for hours worked over 40 in a workweek.  To be considered highly compensated, the employee must receive both (1) at least $684 per week paid on a salary or fee basis; and (2) at least $107,432 … Continue Reading

What’s old is new again – New York to revert back to pre-2019 voting leave law

What’s old is new again in New York. In non-COVID-19-related news, earlier this month, New York state passed its fiscal year 2020–2021 budget. As part of the budget, New York’s voting leave law, which was amended last year, will revert back to the pre-2019 version of the statute. By way of background, in April 2019, … Continue Reading
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