On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more
6/23/2021
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
5/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On Tuesday, April 27, President Biden signed Executive Order 14025, raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. This marks a sharp 37% increase from the current $10.95 minimum...more
On March 29, 2021, a new law took effect in California requiring most employers to provide supplemental paid sick leave to employees for a variety of COVID-19-related circumstances. The new law, approved by Governor Newsom on...more
4/2/2021
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
New Legislation ,
Notice Requirements ,
Paid Sick Leave ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Supplemental Benefits ,
Tax Credits ,
Vaccinations ,
Wage and Hour
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
2/23/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Rescission ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
On January 14, 2021, the California Supreme Court in Vasquez v. Jan-Pro Franchise International, Inc. held that the three-part “ABC” test previously set forth in Dynamex Operations West Inc. v. Superior Court also applies...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On January 6, 2021, the Department of Labor (“DOL”) published its final rule clarifying who is an independent contractor, rather than an employee covered by the Fair Labor Standards Act (“FLSA). The factors are the same as...more
On March 31, 2021, and by March 31 of each subsequent year, California employers that employ 100 or more employees and are required to file an annual Employer Information Report (EEO-1) with the Equal Employment Opportunity...more
10/28/2020
/ Bureau of Labor Statistics ,
Cal-OSHA ,
DFEH ,
EEO-1 ,
Equal Pay ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Data ,
Pay Equity Laws ,
State Labor Laws ,
Wage and Hour
On September 22, 2020, the Department of Labor (“DOL”) released a proposed rule providing a more employer-friendly interpretation of independent contractor status under the Fair Labor Standards Act.
The proposed rule...more
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more
12/16/2019
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Franchisee ,
Franchises ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
Settlement ,
Union Elections ,
Wage and Hour
The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...more
On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more