News & Analysis as of

Ballot Measures Employer Liability Issues

Epstein Becker & Green

Do the PAGA Amendments Create a Trap for California Employers? Yes. Are They Likely to Reduce the Number of PAGA Actions? No.

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Much has been made about the recent, hurried legislation to amend the Private Attorneys General Act (“PAGA”) in order to take the Fair Pay and Employer Accountability Act (“FPEAA”) off the California ballot this November....more

Littler

The Legislative and Ballot Initiative Landscape in Massachusetts

Littler on

The Massachusetts legislature has introduced a series of employment- and labor-related bills that, if enacted, will require employers across the Commonwealth to establish, revisit or revise policies and practices. In...more

CDF Labor Law LLP

California PAGA Law Benefits Attorneys More Than Employees

CDF Labor Law LLP on

Last week, former CDF Labor Law attorney, and current CEO of the California Chamber of Commerce (“Cal Chamber”), Jennifer Barrera, published a compelling argument surrounding the issues concerning the California Private...more

Bodman

Michigan Court of Appeals Dismisses February 20, 2023 Expansion of Paid Sick Leave and Increases to Minimum Wage

Bodman on

In a 3-0 decision (Mothering Justice v Attorney General) issued today, January 26, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling finding that the Michigan Legislature lacked the constitutional...more

Littler

The Gilded Wage? Nevada Voters Eliminate Two-Tier Minimum Wage System

Littler on

For nearly two decades, Nevada has utilized a unique two-tier minimum wage system that permitted employers that offered qualified health benefits to employees to pay $1.00 less per hour than employers that did not offer such...more

Littler

D.C. Voters Pass Initiative 82, Phasing Out Tipped Minimum Wage by 2027

Littler on

On November 8, 2022, Washington D.C. voters overwhelmingly passed Initiative 82 or the “District of Columbia Tip Credit Elimination Act.” As a result, the tip credit for D.C. tipped wage workers will be gradually phased out...more

Jackson Lewis P.C.

Voters in Two States Approve Marijuana Ballot Initiatives on Election Day 2022

Jackson Lewis P.C. on

Voters in Maryland and Missouri approved laws to legalize recreational marijuana on Election Day 2022. Recreational marijuana ballot initiatives did not pass in Arkansas, North Dakota and South Dakota....more

Littler

Portland, Maine Voters to Decide on Raising Minimum Wage, Eliminating Tip Credit, and Classifying Ride-share and Delivery Drivers...

Littler on

The Portland, Maine City Council voted unanimously on August 8, 2022, to send five citizen-initiated referendums to voters in the November election. One of the referendums that will appear on the November 8 ballot – “An...more

CDF Labor Law LLP

Eighteen Dollar Per Hour California Minimum Wage Initiative Fails

CDF Labor Law LLP on

Backed by numerous labor organizations, the ballot initiative entitled the California Living Wage Act of 2022 proposed increasing the California minimum wage over the next three years. The initiative would require California...more

CDF Labor Law LLP

California Minimum Wage Will Go to $15.50 in 2023 & Could Go Higher

CDF Labor Law LLP on

The California minimum wage is currently $15 an hour for employers of 25 or more employees and $14 an hour for all employers of less than 25 employees. California law says the state minimum wage must increase to $15.50...more

Seyfarth Shaw LLP

A New Year’s Resolution—Time to Replace PAGA

Seyfarth Shaw LLP on

Seyfarth Synopsis: In recognition of PAGA’s failure to protect California’s workers for the past 18 years, and the tremendous toll it has taken on California businesses, 2022 is the year to pass a proposed ballot initiative...more

Akerman LLP - HR Defense

A Look Back At 2021 For California’s Private Attorneys General Act, and What To Expect in 2022

Last year was a significant year for California’s Private Attorneys General Act (known as “PAGA”), the 18-year old wage-and-hour enforcement act that, according to one study, has generated over 20,000 lawsuits against...more

Fisher Phillips

Dispute Over Gig Drivers’ Independent Contractor Status Being Fought on All Fronts in Massachusetts

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Massachusetts is one of handful of states to have adopted the stringent “ABC” test for determining whether a worker is an independent contractor or employee. That has made it one of the most fertile battlegrounds over this...more

CDF Labor Law LLP

Proposed Ballot Initiative Could Raise the California Minimum Wage to $18 an Hour by 2025

CDF Labor Law LLP on

California has been advancing its way up to a $15.00 minimum wage for a number of years.  In a few weeks, larger California employers with 26 or more employees will be subject to the $15.00 minimum wage.  Beginning January 1,...more

Bradley Arant Boult Cummings LLP

Voters Legalize Marijuana, Employers Ask Questions

Earlier this month, voters in five states took to the ballot box and legalized some form of marijuana use. Polls show that two-thirds of Americans now favor marijuana legalization, and 59% said it should be legal for both...more

Littler

Minimum Wage, Tipped and Exempt Employee Pay in 2021: A Rates-Only Update

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Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that...more

Littler

Questions and Answers About Proposition 118, Which Enacts Paid Family and Medical Leave in Colorado

Littler on

For years, a group of Colorado’s legislators tried—without success—to enact a statewide paid family and medical leave (PFML) program. Facing gridlock at the statehouse, advocates of PFML opted to take the issue directly to...more

Morgan Lewis

NJ Legalizes Recreational Cannabis – What It Means for Employers Is Not Entirely Clear, Yet

Morgan Lewis on

Legalized adult recreational use of cannabis is coming to New Jersey. On November 3, 2020, New Jersey voters approved a ballot measure to amend the New Jersey Constitution to, among other things, make lawful the personal,...more

Littler

Florida Passes Amendment 2, Gradually Increasing Florida’s Minimum Wage to $15 an Hour

Littler on

On November 3, 2020, Florida voters approved Amendment 2, which will amend Florida’s constitution to gradually increase the state’s minimum wage to $15 an hour by the year 2026.  In Florida, a constitutional amendment must be...more

Seyfarth Shaw LLP

Through Ballot Initiative, Colorado Becomes Ninth State to Enact Paid Family Leave Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Tuesday night, Colorado voters, through a ballot initiative in the general election, voted to approve a statewide paid family and medical leave mandate, the Colorado Paid Family and Medical Leave...more

Littler

Legalization of Recreational Marijuana in NJ: Voter Approved, But Not Yet in Effect

Littler on

New Jersey Public Question 1 on this year’s election ballot sought New Jersey voters’ approval for a constitutional amendment to legalize the possession and use of marijuana for individuals age 21 and older, as well as the...more

Fisher Phillips

In Big Win For Gig Companies, California Voters Approve Proposition 22

Fisher Phillips on

In one of the most closely watched (and most expensive) fronts in the ongoing battle over employment classification of gig workers, California voters appear to have approved Proposition 22, a ballot measure that confirms the...more

FordHarrison

Florida's Minimum Wage Rate Increases January 1, 2021

FordHarrison on

Effective January 1, 2021, Florida's minimum wage rate will increase from $8.56 per hour to $8.65 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase...more

Epstein Becker & Green

Emergency Stay of TRO Against Ride Share Companies Means Californians Won’t Have to Live Without Services

Epstein Becker & Green on

As we wrote here just several days ago, Californians were facing the seemingly unimaginable this week– the possibility of living without ride share services for the foreseeable future....more

Ballard Spahr LLP

Do Lawsuits in California and Massachusetts Threaten the Gig Economy as We Know It?

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The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more

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