News & Analysis as of

Wage and Hour State Constitutions

Jackson Lewis P.C.

Florida Employers Should Consider Accommodations for Off-Duty Use of Medical Marijuana, Court Rules

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Florida law requires employers to consider accommodations for off-duty use of medical marijuana, a Florida state court has held and granted the plaintiff’s motion for summary judgment....more

BakerHostetler

New Year, New Laws - What New York Employers Need To Know for 2025

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The BakerHostetler Labor and Employment Practice Group keeps a close watch on new and upcoming employment and labor laws that can significantly impact our New York-based clients. Below we highlight some of the recently...more

Polsinelli

Legal Challenge Threatens New Missouri Minimum Wage and Paid Sick Leave Law

Polsinelli on

The Missouri Chamber of Commerce and Industry, along with other Missouri business groups, recently filed a lawsuit in the Supreme Court of Missouri attempting to stop Proposition A from taking effect. The lawsuit asserts five...more

Quarles & Brady LLP

Wisconsin Court Strikes Down Major Portions of Act 10 Affecting Public Sector Employees’ Collective Bargaining Rights

Quarles & Brady LLP on

On December 2, 2024, a Dane County, Wisconsin Circuit Court issued a landmark decision striking down portions of 2011 Wisconsin Act 10 (“Act 10”) and thus affecting the collective bargaining rights of public sector employees...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Laws in New York May Raise Employers’ Costs, Starting January 1, 2025

Employers with workers in New York State may want to start preparing now for several new rules that will take effect on January 1, 2025. Most of them are likely to impact employers’ bottom lines....more

Littler

Bracing for Impact if California Voters Approve Statewide Minimum Wage Increase

Littler on

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation. While the...more

Husch Blackwell LLP

Preparing for Changes to Paid Sick Leave in Michigan: Moving from the PMLA to the ESTA

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On July 31, 2024, the Michigan Supreme Court ruled in a 4-3 decision that the Michigan Legislature violated the state constitution in Mothering Justice v. Attorney General, when it applied an “adopt-and-amend” approach in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Michigan Supreme Court Reinstates Voter-Initiated Versions of State’s Paid Sick Leave and Minimum Wage Laws

On July 31, 2024, the Michigan Supreme Court reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). ...more

Warner Norcross + Judd

Special eAlert and Law Shanty: Michigan Supreme Court Rules Legislature Action Unconstitutional, Reinstates Earned Sick Time and...

In a major decision issued Wednesday, the Michigan Supreme Court reinstated both the Earned Sick Time Leave Act (ESTA) and the Improved Workforce Opportunity Wage Act (IWOWA). As discussed further below, the Mothering Justice...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of California Upholds Law Classifying App-Based Drivers as Independent Contractors

On July 25, 2024, the Supreme Court of California upheld a state law permitting ride-sharing apps to continue classifying their drivers as independent contractors, rather than employees. ...more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

Littler on

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Miller Canfield

Michigan Court of Appeals: ‘Adopt And Amend’ Strategy Is Constitutional; Current Paid Medical Leave and Minimum Wage Laws Remain...

Miller Canfield on

​​​​​​​In a unanimous decision (Mothering Justice, et al. v Attorney General) issued January 26, 2023, the Michigan Court of Appeals overturned a July 2022 Court of Claims ruling that the Michigan Legislature lacked the...more

Franczek P.C.

Labor & Employment Law Legislative Update: New Laws in Effect in 2023

Franczek P.C. on

Happy New Year! Several employment laws became effective January 1, 2023, and our team at Franczek P.C. has compiled them in its new Labor & Employment Law Legislative Update, focused on new laws in effect in 2023. The new...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

Benesch

Michigan Employers May Soon Face Increased Minimum Wage, Expanded Sick Leave Requirements

Benesch on

A Michigan court recently held that the current versions of the state’s minimum wage and paid sick leave statutes are unconstitutional due to legislative foul play, immediately voiding the existing laws. Mothering Justice v....more

Ervin Cohen & Jessup LLP

California’s Supreme Court Declares Meal and Rest Period Premiums are “Wages”

In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more

Fisher Phillips

Massachusetts High Court Hears Argument on Gig Driver Ballot Question

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As we wrote back in January, Massachusetts is in the midst of a multi-fora battle over whether gig drivers (those using app-based platforms such as Uber, Lyft, DoorDash, and Instacart) should be treated as employees or...more

Akin Gump Strauss Hauer & Feld LLP

"Surprised” Court of Appeal Rules That PAGA Plaintiffs Have No Right to a Jury

On February 18, 2022, in LaFace v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. Feb. 18, 2022), the California Court of Appeal (2nd District) ruled in a published decision that there is no right to a jury trial in claims...more

Schwabe, Williamson & Wyatt PC

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

CDF Labor Law LLP

Proposition 22 Challenged in Oakland State Court

CDF Labor Law LLP on

Last November, California voters convincingly (almost 60% supporting) enacted Proposition 22.  This Proposition was a well-funded effort that allows gig drivers working for companies like Uber, Lyft and Doordash to avoid the...more

Fisher Phillips

Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

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In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Epstein Becker & Green

Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New...

AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020. Already, the California Trucking Association has filed...more

Littler

An Anticlimactic End of 2019 for Michigan Paid Sick and Minimum Wage Amendments

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On December 18, 2019, the Michigan Supreme Court issued its long-awaited decision on whether the Michigan legislature’s strategy to enact two ballot proposals (one concerning paid sick leave and the other minimum wage) and...more

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