Minimum Wage

News & Analysis as of

California Legislative Update: August 2014

AB 2074 amends Section 1194.2 of the California Labor Code to allow an employee who alleges minimum wage violations to file suit for liquidated damages any time before the expiration of the statute of limitation on the...more

Employment Law Posters to be Displayed in the Workplace – Some New and Some Old

When the Oklahoma legislature revamped Oklahoma’s anti-discrimination laws in mid-2013, one of the new requirements imposed (and enforced by the Oklahoma Attorney General’s Office of Civil Rights’ Enforcement) was a...more

Minimum Wage Forecast: Developments in Springfield and Chicago, and What It Means for Employers

Across the country, at the local, state, and federal levels, elected officials have considered increasing the minimum wage. Illinois and Chicago have been no different. Over the past year, the General Assembly and the Chicago...more

Wage and Hour Cases in the News

Several restaurant industry labor law cases could make considerable changes in how the industry manages workers. Under the Fair Labor Standards Act (FLSA), tipped employees are subject to hourly wages that are lower than the...more

Labor & Employment E - Note - August 2014

In This Issue: - S.E.I.U. Helps Fast-Food Workers Battle for $15 an Hour Wage - Obama Announces Fair Pay and Safe Workplaces Executive Order - Silicon Valley Hiring Conspiracy Settlement Insufficient, Judge...more

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Update on Orozco v. Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses – 3...

We reported in September 2013 about Orozco v. Plackis, a case out of the United States District Court for the Western District of Texas in which the plaintiff (a cook in a franchised restaurant) filed an action under the Fair...more

New York Governor Cuomo Announces New Minimum Wage Policy for Thousands of Airport Workers

New York Governor Andrew Cuomo announced that employees of contractors and subcontractors at JFK and LaGuardia airports currently earning minimum wage are to receive a pay increase from $9.00 to $10.10. The policy, which also...more

Government Contractors Facing Increasing Employment-Related Regulations

The heavily regulated world of companies conducting business as federal government contractors is becoming even more heavily regulated. President Obama recently issued another new executive order setting out additional...more

NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees

Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more

Minnesota Minimum Wage Increases on August 1, 2014

In April the Minnesota legislature passed legislation establishing incremental increases to the state minimum wage over the next three years. The first increase takes effect on August 1, 2014. The new minimum wage impacts...more

San Diego City Council Approves Minimum Wage Increase and Sick Pay Ordinance

The San Diego City Council recently approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017. This wage increase will take effect incrementally over a three-year period, putting San Diego ahead of...more

The Commissioned Salesperson Exemption Just Got More Difficult to Establish

Many California employers rely on California's commissioned salesperson exemption from overtime for their inside sales employees. That exemption, however, is becoming increasingly difficult to establish. A recent decision...more

California's Inside Sales Exemption May Be Lost Where Commissions Are Paid on a Monthly or Less Frequent Basis

A recent California Supreme Court decision significantly impacts pay practices for commissioned sales employees. On July 14, 2014, the state Supreme Court ruled in Peabody v. Time Warner Cable, Inc. that an employer may not...more

The Second Prong of The Inside Salesperson Test – Is the California Supreme Court Poised to Upend The Commissioned Employee...

In Peabody v. Time Warner Cable, Inc., the California Supreme Court clarified that, to satisfy the commissioned employee exemption, employees must be paid more than 1.5 times the minimum wage in the employee's actual pay...more

Another Increase in the Rhode Island Minimum Wage to $9/Hour

On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum...more

President Obama Signs Executive Order Prohibiting Federal Contractors from Discriminating Based on Sexual Orientation and Gender...

Frustrated with Congress's failure to pass the Employment Non-Discrimination Act (ENDA) and consistent with his recent Executive Order to raise the minimum wage to $10.10 per hour for employees of federal contractors,...more

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

How to Avoid Emerging Wage & Hour Risks: Exempt or Non-Exempt, Contractor Liability & Minimum Wage Hikes

This webinar was designed to help employers keep up with recent developments in the rapidly-evolving area of wage and hour law compliance. These developments include ongoing efforts by federal and state leaders to increase...more

Seeking Credit for Deferred Commissions? You Might Get Declined

Last week, the California Supreme Court issued its decision in Peabody v. Time Warner Cable, Inc., deciding that employers may not apply commission payments to earlier pay periods for the purposes of establishing that an...more

New Jersey Bill Seeks to Expand Overtime and Minimum Wage Exemption to Private Summer Camp Employees

Currently, New Jersey overtime and minimum wage laws do not apply to summer camps (and other summer conferences and retreats) operated by non-profit or religious corporations or associations. On June 5, 2014, the Assembly...more

Minimum Wage for Contractor Employees on Fast Track to Your Contracts

At some point in the past few months, you may have heard about Executive Order 13658 (EO), issued on February 12, 2014, wherein President Barack Obama establishes a $10.10 per hour minimum wage for employees of federal...more

California Supreme Court Limits Application of Commissioned Employee Exemption

On July 14, 2014, the California Supreme Court held in Peabody v. Time Warner Cable, Inc. that employees qualify for the California “commissioned employee” exemption in a pay period only if they receive “earnings [that]...more

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