News & Analysis as of

Department of Labor (DOL) Labor Code

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

ArentFox Schiff on

On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

Ervin Cohen & Jessup LLP

Department of Labor Revises Independent Contractor Test

On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more

Morgan Lewis

California Announces 2024 Substantial Increase in Computer Professional Exemption Compensation Rate

Morgan Lewis on

California employers must ensure that compensation rates for exempt computer professionals meet updated salary thresholds, as of January 1, 2024. The minimum wage thresholds for the California computer professional...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

ArentFox Schiff on

Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Pillsbury Winthrop Shaw Pittman LLP

Recalculating the Cost of Lunch

The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.” The California Supreme Court held that employers must pay non-exempt...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2021

Jackson Lewis P.C. on

Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more

Sheppard Mullin Richter & Hampton LLP

Share The Tip Jar: Department of Labor Finalizes Rule Opening Tip Pooling To Back-of-the-House Workers

On December 22, 2020, the U.S. Department of Labor (DOL) issued its final rule modifying federal regulations concerning compensation for “tipped employees.” The new final rule follows 2018 federal legislation, which amended...more

Sheppard Mullin Richter & Hampton LLP

Employees Cannot Obtain “Double Recovery” of Unpaid Wages and Premiums for Non-Compliant Rest Breaks

In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law...more

Best Best & Krieger LLP

DOL Clarified the Federal Family First Coronavirus Response Act

New Rules and a Court Decision Followed the FFCRA’s Passage - A recent federal court decision struck down several provisions of the U.S. Department of Labor’s rules regarding the Family First Coronavirus Response Act....more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

Littler on

The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Franczek P.C.

Some Public Bodies May Now Post Prevailing Wage Rates Electronically

Franczek P.C. on

According to the Prevailing Wage Act, in June of each year, all public bodies are required to investigate and ascertain the prevailing rate of wages within their jurisdiction and take action to publicly post those...more

Buchalter

Another Year, Another Set of Laws: What California Employers Should Know

Buchalter on

In keeping with California’s reputation of being an employee-friendly state, Governor Brown has enacted a number of laws, most of which go into effect on January 1, 2017 (unless specified otherwise below), that place...more

Manatt, Phelps & Phillips, LLP

Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

Morgan Lewis

California Computer Professional Salary Requirement to Increase to $88,318.55

Morgan Lewis on

Employers of California computer professionals must ensure compensation rates meet new salary thresholds that go into effect January 1, 2017. In addition to reviewing compensation to ensure compliance with upcoming...more

Foley & Lardner LLP

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

Foley & Lardner LLP on

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating...more

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Seyfarth Shaw LLP

California Gender Pay Equality Bill To Be Strictest In Nation?

Seyfarth Shaw LLP on

Representing what media observers call the nation’s most aggressive attempt yet to close the salary gap between men and women, SB 358 would substantially broaden California gender pay differential law....more

Lathrop GPM

Employee or Independent Contractor? Uber Court Moves One Step Closer to Answering This Critical Question

Lathrop GPM on

Many of us perhaps have grown accustomed to riding Uber and enjoy the often significant discounts that their services may provide as compared to traditional taxi companies, and a recent case is certainly closely watched...more

Troutman Pepper

July 2015 Independent Contractor Compliance and Misclassification News Update

Troutman Pepper on

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide