I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more
I. Introduction -
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has long been in the media spotlight. But as employees, boards, consumers, and...more
On March 18, 2022, the U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act. The CROWN Act would prohibit workplace discrimination based on a person’s hair texture or...more
4/27/2022
/ Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Federal Labor Laws ,
Hairstyle Discrimination ,
Labor Reform ,
National Origin Discrimination ,
Proposed Legislation ,
Race Discrimination ,
Regulatory Agenda ,
State Labor Laws
This Annual Report on EEOC Developments—Fiscal Year 2019 (hereafter “Report”), our ninth annual publication, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
3/6/2020
/ Civil Rights Act ,
EEO-1 ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Regulatory Oversight ,
Title VII ,
Wage and Hour
On March 4, 2020, Virginia Governor Ralph Northam signed HB 1514/SB 50 into law, which expands the Virginia Human Rights Act’s definition of racial discrimination to include traits historically associated with race, including...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us.
A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
1/2/2020
/ Appeals ,
Comment Period ,
Compensation & Benefits ,
Consumer Price Index ,
Deadlines ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Lack of Jurisdiction ,
Legislative Agendas ,
Limited Liability Company (LLC) ,
Local Ordinance ,
Minimum Wage ,
Over-Time ,
Perks ,
Preemption ,
Rate of Pay ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Statements ,
Wages ,
White-Collar Exemptions
With its “Create a Respectful and Open Workplace for Natural Hair Act” (CROWN Act), New Jersey just became the third state to enact legislation specifically prohibiting discrimination based on hair texture or hairstyles...more
12/27/2019
/ Dress Codes ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Race Discrimination ,
State Labor Laws
I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because...more
12/10/2019
/ Dress Codes ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Free Speech ,
Hairstyle Discrimination ,
Human Rights ,
Labor Regulations ,
NYCCHR ,
Race Discrimination ,
Religious Clothing ,
State and Local Government ,
State Labor Laws ,
Tattoo Policy
Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment...more
Though in August summer is almost over and fall is just about upon us, federal, state, and local developments concerning the minimum wage, tips, and overtime transcend the seasons.
...more
The pay gap – or paying women and other historically marginalized groups less for the same or substantially similar work – has increasingly been in the media spotlight. Politicians have also taken note. While there have been...more
8/6/2019
/ Employer Liability Issues ,
Employment Litigation ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Gap ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
While most parts of the country were heating up in July, developments concerning the minimum wage, tips, and overtime were cooling off. Many state legislatures have adjourned or are in recess, leaving it mainly to federal...more
On July 3, California made history by enacting the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act, becoming the first state to ban discrimination on the basis of hairstyles associated with race. The...more
Status of U.S. Department of Labor Rules: May 21, 2019 was the deadline to submit public comment concerning the U.S. Department of Labor’s (DOL) proposed rules governing the minimum salary or fee amount employees must receive...more
In February, love was not the only thing in the air; wafting through legislative chambers across the country was the sweet smell of bills about the minimum wage, tips, and overtime. Many bills will be stood up, or ultimately...more
2/28/2019
/ 20% Rule ,
Employer Liability Issues ,
Food Service Workers ,
Internships ,
Job Duties ,
Minimum Wage ,
New Legislation ,
Preemption ,
Regulatory Standards ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
2019 marks the start of Wage Watch’s third year of publication, which we will celebrate the only way we (sadly) know how: by recapping federal, state, and local developments concerning the minimum wage, tips, and overtime....more
2/1/2019
/ Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Wage ,
Offshore Drilling ,
Over-Time ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tip-Pooling ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
Time on 2018 has just about run out, so without delay, here are the developments impacting the minimum wage, tips, and overtime that occurred in 2018’s final month....more
1/2/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Opinion Letter ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The dishes are done, the leftovers are gone, and you are back at work. Were new laws enacted while you were conked out in a tryptophan-induced nap? Keep reading for all the November updates about the minimum wage, tips, and...more
12/3/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
The past month was full of minimum wage, tip, and overtime activity: amendments; annual rate adjustments; ballot measure battles; legal challenges; and new bills. It was a September to remember....more
10/4/2018
/ Ballot Measures ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour
September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline...more
9/5/2018
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Joint Employers ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Pending Legislation ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
UPDATE: Chicago has announced its July 1, 2018 minimum wage rates for tipped employees.
Employers with minimum wage, tip, and overtime allergies might dread spring, but given the few developments this month, they should...more
6/4/2018
/ Employer Liability Issues ,
Governor Vetoes ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Regulatory Standards ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone...more
4/2/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Preemption ,
Rest and Meal Break ,
Restaurant Industry ,
Self-Reporting ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Wage and Hour
2017 may be so last year, but minimum wage and overtime developments in its final month may forecast what types of measures we will see in 2018. And employers should remember that as of January 1, 2018, state and local...more
1/2/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
State and Local Government ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
The leftovers are (mostly) gone, and turkey-induced naps have been taken, but if you think a post-Thanksgiving minimum wage and overtime update will be uneventful, you are mistaken. Jurisdictions continue to announce 2018...more