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In the latest round of state employment law updates family leave and religious accommodations are in the spotlight. We also highlight wage and hour laws relating to compensable time. Read the full article to see if any of...more
I am asked many times by clients whether they should put workers on a fluctuating work week (FWW) arrangement, as a method of providing income stability and also to lower the overtime costs if that person works overtime. ...more
Earned wage access (EWA) is a term often heard among employers in the retail and hospitality industries. EWA may be referred to as instant pay, earned income, early wage access, accrued wage access, or on-demand pay. In the...more
Connecticut businesses have until August 31, 2023 to offer a retirement savings plan to employees. In 2016, the Connecticut General Assembly enacted Public Act 16-29, which created the Connecticut Retirement Security...more
The FLSA is very strict concerning proper deductions from exempt employee salaries. Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees....more
Colorado employers are subject to new paid family and medical leave insurance obligations in 2023 – and your first quarterly premium payments are due on March 31. The Colorado Family and Medical Leave Insurance (FAMLI)...more
Q: We had a payroll issue and accidentally overpaid an employee quite a bit. Can we simply withhold from their future paychecks?...more
Answering the question Fisher Phillips recently posed to Washington employers – to deduct or not to deduct – Governor Inslee signed into law on January 26 the bills swiftly pushed through the legislature that delay collection...more
On April 21, 2021, Governor Jay Inslee signed into effect the Long-Term Services and Supports (LTSS) Trust Act, now called the “WA Cares Fund” (or “Fund”), making Washington the first state in the country to adopt a...more
The year 2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and...more
On February 26, 2021, Georgia introduced HB 674, which would authorize earned wage access (EWA) providers to operate in the state and avoid loan characterization by meeting certain requirements, including registration....more
We recently wrote about the Consumer Financial Protection Bureau's November 2020 advisory opinion regarding earned wage access (EWA) programs. In that opinion, the CFPB determined that earned wage access programs — when...more
In between blasts of arctic air and record snow falls, we are starting to see state legislatures emerge from their winter hibernation and introduce new legislation. With regard to Earned Wage Access (EWA), first out of the...more
In 2019, the Connecticut legislature passed sweeping changes to the state’s existing Family and Medical Leave Act, about which we previously reported here. One of the most significant changes is that beginning in 2022,...more
Since the California Consumer Financial Protection Law (CCFPL) became effective on January 1, the state’s Department of Financial Protection and Innovation (DFPI) has wasted no time in asserting its expanded jurisdiction over...more
On March 13th, President Donald J. Trump issued an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Stafford Act”) in response to the ongoing COVID-19 pandemic....more
In 2019, California was the first state to take a swing at explicitly regulating wages-on-demand services. The state senate considered a bill that would provide exemptions to payday lending, money transmission, and financing...more
Departing employees can end up owing a dealership money for a variety of reasons. Overpayments by the dealership, outstanding loans or pay advances, unresolved invoices on dealership services provided to the employee,...more
New Jersey has amended its Wage Payment Law (WPL) to require employers with at least 10 employees to furnish employees with additional information each pay period to assist in determining whether their wages are being...more
Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back...more
The new Massachusetts Paid Family and Medical Leave Act (PFMLA) came into effect on October 1, 2019, requiring employers to begin collecting payroll deductions and matching contributions to be submitted to the state...more
Massachusetts employers should be making their final preparations for the Massachusetts Paid Family and Medical Leave (PFML) program in advance of the Oct. 1, 2019, effective date for payroll deductions. This Holland & Knight...more
Important deadlines concerning the new Massachusetts Paid Family and Medical Leave (PFML) law are approaching. In June 2019, the Massachusetts legislature passed legislation to delay the start of employer and employee...more
As we previously reported, Washington State has begun implementing its new Paid Family & Medical Leave (“PFML”) program. Therefore, Washington employers should be mindful of their obligations under the PFML program. To...more
Seyfarth Synopsis: On June 13, 2019, Governor Baker signed into law S 2255, officially delaying the start of the payroll deductions for the Massachusetts Paid Family and Medical Leave (PFML) program by three months to...more