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Rulemaking Process State and Local Government Employer Liability Issues

UB Greensfelder LLP

Federal Judge Strikes Down New Overtime Rule Nationwide

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On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) final rule that was set to raise the minimum salary threshold for “white collar” employees to...more

Perkins Coie

Washington State’s Emergency Outdoor Heat Exposure Rules Now in Effect

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With summer underway, employers in the state of Washington are reminded to follow the state’s new emergency outdoor heat exposure rules, which went into effect on June 15, 2022. These rules apply through September 29, 2022,...more

Littler

Pennsylvania Rule Increasing White Collar Exemption Salary Threshold Takes Effect

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The Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt Executive, Administrative and Professional (EAP) employee under the...more

Littler

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

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Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

Epstein Becker & Green

Federal Judge Denies Ride Share and Delivery Companies’ Request for Preliminary Injunction to Enjoin Enforcement of California’s...

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As we recently wrote here, Uber and Postmates (and two of their drivers) to file an eleventh-hour lawsuit seeking to enjoin the enforcement of California’s controversial new independent contractor law – known as AB 5 –...more

Epstein Becker & Green

Colorado Officially Increases the Minimum Salary Threshold for Exempt Employees and Makes Changes for Non-Exempt Employees Too

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As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more

Morgan Lewis

Maryland General Assembly Overrides Governor’s ‘Ban-the-Box’ Veto

Morgan Lewis on

Maryland employers with 15 or more employees are prohibited from inquiring about a job applicant’s criminal history during early stages of the hiring process. ...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

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If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Littler

New Jersey Enacts Legislative Package to Add Teeth to Worker Misclassification Laws

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Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 80: Paid Sick Leave Final Rules Blossom out of Garden State After 1+ Years of Silence

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Seyfarth Synopsis: The New Jersey Earned Sick Leave Law (“ESLL”) Proposed Rules were first published in September 2018. Seemingly on bedrest until earlier this month, the New Jersey Department of Labor and Workforce...more

Ballard Spahr LLP

Colorado’s Sweeping New Overtime and Minimum Pay Provisions Take Effect March 16

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The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...more

Littler

Plaintiffs’ Bar Seeks to Expand Reach of California’s Dynamex Decision and ABC Test to Franchising, Joint Employment

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The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more

Robinson+Cole Manufacturing Law Blog

A Look Back and Ahead: 2020 Employment Law Predictions

Our tradition includes using our first January post to make predictions about “what’s to come” in the year ahead.  But first, let’s see how I did over the last year.  “Time for 2019 Manufacturing Law Predictions:  Drum Roll...more

Littler

California Supreme Court Grants Review of Dynamex Retroactivity – Again

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On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more

Seyfarth Shaw LLP

State Enforcement of AB 5 Against Motor Carriers Preliminarily Enjoined

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Seyfarth Synopsis: A federal court has granted a preliminary injunction blocking the State of California from enforcing AB 5 against motor carriers. The court provided a fulsome analysis demonstrating that the Federal...more

Epstein Becker & Green

Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000...

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As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor...more

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

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Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more

Seyfarth Shaw LLP

This Week – Cal/OSH Board to Vote on New Regulation to Allow Employees and Union Representatives to Request Workplace Injury and...

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Seyfarth Synopsis:  The Cal/OSH Standards Board will vote this week on a proposed standard requiring employers to provide their employees and employee representatives access to the company’s Injury and Illness Prevention...more

Seyfarth Shaw LLP

California State Court Agrees With Motor Carriers’ Preemption Challenge To AB 5

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Seyfarth Synopsis: On the heels of last week’s federal court order temporarily blocking enforcement of AB 5 by the State of California, a California state court in Los Angeles reached the same conclusion, finding the Federal...more

Epstein Becker & Green

California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers

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Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development....more

Pullman & Comley - Labor, Employment and...

One Last 2019 Act from the Connecticut General Assembly: A December “Special Session” and the Tip Credit

Governor Lamont signs House Bill 7501 into law on January 6, 2020. As we say goodbye to 2019 (and await commencement of the 2020 session of the Connecticut General Assembly in February), the General Assembly via a “Special...more

Seyfarth Shaw LLP

New York Department of Labor Recommends Elimination of the Tip Credit for "Miscellaneous" Industries

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Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

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

Epstein Becker & Green

Washington and Maine Approve Salary Increases for White Collar Exemptions in the New Year, with Colorado Poised to Follow Suit

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As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...more

Littler

Washington State Radically Increases Minimum Salary, Fee and Hourly Rates for White Collar Overtime Exemptions

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On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations.  If not overridden by the Legislature or successfully...more

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