News & Analysis as of

Wage and Hour Civil Monetary Penalty

Proskauer - California Employment Law

Hot PAGA Summer Rolls on with Another “Win” for Employers

The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to...more

Conn Maciel Carey LLP

PAGA Reform Bills Approved in California Legislature and Awaiting Governor’s Signature

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Last week, California Governor Gavin Newsom announced an agreement had been reached on reforms to the Private Attorneys General Act (PAGA). The Governor, legislative leaders, business groups, and labor collaborated in...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Introduced

Seyfarth Shaw LLP on

Seyfarth Synopsis: PAGA reform has officially been introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history. The bills have...more

Nilan Johnson Lewis PA

Washington, D.C. Enhances Pay Transparency and Expands Protections Regarding Compensation Discussion and Wage History

Washington, D.C. added its name to the growing list of jurisdictions enhancing pay transparency requirements. Washington recently amended its ordinances to (1) require employers to disclose salary range or hourly pay in...more

BakerHostetler

New York City Workers’ Bill of Rights - Another Notice Obligation for NYC Employers

BakerHostetler on

The New York City Department of Consumer and Worker Protection (DCWP) recently published the Workers’ Bill of Rights, a comprehensive guide to employee, applicant and independent contractor rights in the workplace in New York...more

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

CDF Labor Law LLP on

On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

Mintz - Employment Viewpoints

New York Court Puts Breaks on Manual Worker Weekly Wage Payment Claims

In a hotly anticipated decision, the New York State Appellate Division, Second Department held in Grant v. Global Aircraft Dispatch, Inc. that manual workers do not have a private right of action under the New York Labor Law...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #3

Wednesday, January 10, 2024: US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule - The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) published its much anticipated...more

Fox Rothschild LLP

USDOL Changes Assessment Procedures For Civil Money Penalties: More Revenue Generation For The Government Or Punishment Of...

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The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the...more

Littler

México: Incremento al valor de la Unidad de Medida y Actualización (UMA) para el 2024

Littler on

El 9 de enero de 2024, el Instituto Nacional de Estadística y Geografía (INEGI) publicó los nuevos valores para la Unidad de Medida y Actualización (en adelante “UMA”) que entrarán en vigor el 1 de febrero de 2024, de acuerdo...more

Littler

Mexico: Increase to the UMA Value Announced for 2024

Littler on

On January 9, 2024, the National Institute of Statistics and Geography (INEGI by its acronym in Spanish) published the new values for the Measurement and Updating Unit (Unidad de Medida y Actualización or UMA) that will take...more

Cole Schotz

Big News For NJ Employers – NJ AG Files First Complaint Under the Enhanced State Labor and Benefits Laws

Cole Schotz on

On December 11, 2023, the New Jersey Attorney General’s Office filed its first lawsuit under the State’s enhanced labor laws permitting it to commence actions against employers in Superior Court for misclassifying workers as...more

Fox Rothschild LLP

New York State’s ‘Freelance Isn’t Free’ Act: What You Need To Know

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Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state. New York employers who use freelancers or independent...more

McAfee & Taft

For the wages of sin is ... $145,000?

McAfee & Taft on

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more

Jackson Lewis P.C.

Columbus, Ohio, Bans Inquiries Into Applicants’ Salary History

Jackson Lewis P.C. on

The City of Columbus joins Toledo and Cincinnati as the latest Ohio city to prohibit employers from asking prospective employees about past compensation. Effective March 1, 2024, employers operating in Columbus may not ask...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Fox Rothschild LLP

DOL Proposes New Worker-Friendly Independent Contractor Rule

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) released a proposed rule on October 11, 2022, that could change whether a worker is determined to be an employee or an independent contractor under the Fair Labor Standards Act (FLSA). If...more

Jackson Lewis P.C.

California Expands Pay Transparency and Reporting Obligations

Jackson Lewis P.C. on

On September 27, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1162, which requires certain employers to provide more pay transparency on pay scales and expands pay data reporting obligations for other...more

Smith Gambrell Russell

New York City to Require Employers to List Salary Ranges in Job Postings

Smith Gambrell Russell on

New York City took the next step to expand its pay transparency laws. Effective May 15, 2022, job postings must include the minimum and maximum salary offered for any position located within New York City. This amendment to...more

Fisher Phillips

Is Your Tip Credit A Ticking Time Bomb? An Employer’s 10-Step Wage and Hour Action Plan for 2022

Fisher Phillips on

With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more

DirectEmployers Association

OFCCP Week In Review: January 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Weintraub Tobin

California Court of Appeal Holds that Trial Courts Have Authority to Strike PAGA Claims For Being Unmanageable

Weintraub Tobin on

California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code,...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more

Fisher Phillips

Feds Now Have Broader Authority to Assess Monetary Penalties for Tip Violations

Fisher Phillips on

Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more

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