On April 1, 2019, New Mexico Governor Lujan Grisham (D) signed Senate Bill (SB) 437, which amends the New Mexico Minimum Wage Act (MWA) by increasing the state minimum wage, increasing the minimum cash wage for tipped...more
It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime....more
4/2/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Preemption ,
Proposed Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
Wage and Hour ,
Wage Orders ,
White-Collar Exemptions
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
Developing a paid sick and safe time (PSST) policy that complies universally – or at the very least with two laws – has become increasingly challenging. Without fail, and despite some overlap, each new law seems to contain...more
12/31/2018
/ Domestic Violence ,
Earned Sick Time ,
Employer Liability Issues ,
Employment Policies ,
Local Ordinance ,
Paid Time Off (PTO) ,
Reasonable Accommodation ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
For employers with Washington State operations, what happened in 2018 does not necessarily stay in 2018. Those bidding 2018 farewell cannot say goodbye to various paid sick and safe time (PSST) policy, notice, and leave...more
12/21/2018
/ Earned Sick Time ,
Employer Liability Issues ,
Local Ordinance ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour
On December 14, 2018, Michigan’s employment law landscape dramatically changed—again—when Michigan Governor Rick Snyder (R) signed Senate Bills (SB) 1171 and 1175. ...more
12/20/2018
/ Lame Duck Session ,
Minimum Wage ,
New Legislation ,
Paid Time Off (PTO) ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Tip-Pooling ,
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
Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, we are publishing a rates-only update...more
New Jersey’s Department of Labor and Workforce Development (NJ DOL) created a webpage concerning the state’s paid sick and safe time law, which took effect on October 29, 2018. ...more
DOL Previews its Costume (Regulatory Agenda Update): The U.S. Department of Labor released its fall regulatory agenda, in which it discussed proposed rulemaking activities the Wage & Hour Division plans to undertake...more
11/1/2018
/ Ballot Measures ,
Joint Employers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
Just days before New Jersey’s paid sick and safe time (PSST) law is set to take effect on October 29, 2018, the New Jersey Department of Labor and Workforce Development issued a set of Frequently Asked Questions (FAQ) to help...more
Recent developments in New York City and Westchester County, New York, may require employers to review their existing leave policies and procedures. ...more
10/26/2018
/ Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Local Ordinance ,
Paid Time Off (PTO) ,
Popular ,
Sick Leave ,
Sick Pay ,
State and Local Government ,
State Employees ,
Wage and Hour
Many businesses will temporarily increase staffing levels for the upcoming holiday season, during which an uptick in colds and other illnesses is common. ...more
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
On September 5, 2018, the Michigan Legislature adopted as law a proposed ballot measure that will require employers to provide their employees paid leave that can be used for “sick” and “safe” time purposes. Michigan’s Earned...more
9/11/2018
/ Ballot Measures ,
Corporate Counsel ,
Earned Sick Time ,
Employer Liability Issues ,
New Legislation ,
Paid Leave ,
Paid Time Off (PTO) ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
Although the U.S. Department of Labor may steal the show in terms of August developments involving the minimum wage, tips, and overtime, states are by no means singing backup. State labor departments on opposite sides of the...more
9/4/2018
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative Agendas ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. ...more
Usually legislative and regulatory developments slow down in the summer months, which is good news because July brings more pressing matters than reading bills or proposed rules, like eating too many hot dogs or yelling at an...more
8/1/2018
/ Appeals ,
Ballot Measures ,
CA Supreme Court ,
De Minimis Claims ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Out-of-State Companies ,
Over-Time ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
With the World Cup in full swing, it’s difficult to fathom anything else occurring—yet minimum wage, tip, and overtime developments keep happening. Here’s our quick round-up for those of you taking a break from the on-field...more
6/29/2018
/ Denial of Certiorari ,
Food Service Workers ,
Local Ordinance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Regulatory Reform ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
Seattle, Washington’s Office of Labor Standards (OLS) revised its rules concerning the Paid Sick and Safe Time (PSST) Ordinance....more
6/26/2018
/ Employer Liability Issues ,
Final Rules ,
Joint Employers ,
Notice Requirements ,
Paid Time Off (PTO) ,
Posting Requirements ,
Safe Time ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
On May 11, 2018, the Rhode Island Department of Labor and Training finalized regulations concerning the state’s mandatory paid sick and safe time law, the Healthy and Safe Families and Workplaces Act (HSFWA). The regulations...more