News & Analysis as of

Wage and Hour Wages

Lewitt Hackman

California Increases State Minimum Wage (UPDATED)

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The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply to all employers, regardless...more

Manatt, Phelps & Phillips, LLP

Why The CFPB’s Earned Wage Access Rule Is Subject To Challenge

Earned wage access (“EWA”) programs are financial products that allow workers to receive payment for wages they have already earned before their next scheduled payday. Many of these programs are integrated into their...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Offering a Compliant Payroll Debit Card Option to Employees

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In an increasingly cashless society, many employers are considering moving to payroll debit cards to provide workers with greater flexibility and convenience. ...more

McGlinchey Stafford

Wage Payments and Noncompetes: Louisiana Legislature Amends Two Important Employment Laws

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The Louisiana Legislature amended two important employment laws: the wage payment statute and the noncompete statute. The amendments to the wage payment statute become effective on August 1, 2024, and the amendments to the...more

Ballard Spahr LLP

CFPB Proposes Interpretive Rule that EWAs Are Credit; Expedited Funding Fees and Tips May Be Finance Charges under Regulation Z

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On July 18, 2024, the Consumer Financial Protection Bureau (the “CFPB” or “Bureau”) proposed an interpretive rule that states (1) EWA products fall under the definition of “credit” under the Truth in Lending Act (“TILA”) and...more

Troutman Pepper

CFPB Says Earned Wage Access Products are Subject to the Truth in Lending Act

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Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed interpretive rule opining that earned wage access (EWA) products — whether provided through employer partnerships or marketed directly to...more

Trusaic

Pay Equity Deep Dive Part 9: Evaluating Remediation Effectiveness

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This is Part 9 of our “Pay Equity Deep Dive Series.” Part 1 focused on Compensation Philosophy Review and Pay Analysis Group formation and testing. Part 2 focused on Wage Influencing Factors (WIFs) and Reliability and...more

DarrowEverett LLP

Terminating Employees? Ignoring State And Local Wage Laws Can Cost You

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Terminating employees can be a daunting task. Failing to follow your state or local rules when terminating an employee can make the task exponentially more difficult and expensive. When a business plans on firing or laying...more

Trusaic

British Columbia Releases Pay Transparency Tool for Employers

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British Columbia’s Ministry of Finance released its tool for employers to submit their pay transparency reports. Employers with 1,000 or more B.C. employees will need to submit reports by Nov. 1, 2024 as required by the Pay...more

Ballard Spahr LLP

South Carolina Enacts Earned Wage Access Legislation Requiring Registration, Exempting the Product from Lending Laws

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On May 21, 2024, South Carolina Governor Henry McMaster signed into law the Earned Wage Access Services Act (the “Act”), which will require earned wage access (“EWA”) providers to register annually with the state’s Department...more

Seyfarth Shaw LLP

New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

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Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more

Saiber LLC

New Jersey Supreme Court Finds 2019 Amendments to the Wage Payment Law and Wage and Hour Law are Not Retroactive

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In a recent unanimous decision by the New Jersey Supreme Court in Christopher Maia v. IEW Construction Group, the seven-judge panel reversed the prior judgment of the Appellate Division and held that the August 6, 2019,...more

Cozen O'Connor

Cozen Cities - May 22, 2024

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CHICAGO — Ordinance Requiring City Data Be Stored in U.S. Held in Committee- The Chicago City Council Committee on Economic, Capital & Technology Development held an ordinance requiring city data to “be processed, stored,...more

Proskauer - Law and the Workplace

Wage Transparency in Job Postings Coming to Maryland

Maryland Governor Wes Moore has signed into law SB 525/HB 649, which will require employers to include wage ranges in internal and external postings for positions that will be physically performed, at least in part, in the...more

Amundsen Davis LLC

California’s Supreme Court Makes It Harder For Employees to Recover Penalties In Wage Statement Claims

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On May 6, 2024, California LawCalifornia’s Supreme Court, in a rare and surprising “employer friendly” decision, held that an employer can avoid penalties under California’s wage statement law, Cal. Lab. Code § 226, if it...more

Farella Braun + Martel LLP

Navigating California Wage Statement Penalties After Naranjo v. Spectrum Security Services, Inc.

On May 6, 2024, the California Supreme Court, in Naranjo v. Spectrum Security Services, Inc., clarified that an employer is not liable for statutory penalties for inaccurate wage statements when it had a good faith and...more

Davis Wright Tremaine LLP

California Supreme Court: Employees Are Not Entitled to Wage Statement Penalties When Employer Acted in Good Faith

Earlier this week, a unanimous California Supreme Court held that employers have a viable good faith defense to claims for statutory penalties arising out of wage statement violations. The Court's decision, in Naranjo v....more

Payne & Fears

Employers Have a Good Faith Defense to Statutory Penalties for Wage Statement Violations

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The Question - The basics of California’s wage statement requirements should be familiar to employers. The consequences for failing to comply with these requirements can be severe....more

Jackson Lewis P.C.

California Supreme Court Upholds Good Faith Belief Defense for Certain Wage Statement Penalties

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For the second time, the California Supreme Court issued a ruling in Naranjo v. Spectrum Security Systems in May. In May 2022, the California Supreme Court issued its first decision in Naranjo v. Spectrum Security Systems,...more

Troutman Pepper

California DFPI’s Proposed EWA Legislation Rejected by Office of Administrative Law

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As discussed here, in March 2023, the California Department of Financial Protection and Innovation (DFPI) proposed new regulations under the California Financing Law that would interpret the definition of “loan” to include...more

Payactiv

Democrat Governor Tony Evers Signs Third Earned Wage Access Bill

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On March 21, Wisconsin Democrat Governor Tony Evers signed into law the country’s third earned wage access (EWA) bill, which recognizes EWA as a new and innovative financial service by creating a distinct license and...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

Fox Rothschild LLP

Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

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A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more

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

Attention, Illinois Employers: The Equal Pay Registration Certificate Submission Deadline Is March 24, 2024!

Private businesses with one hundred or more Illinois employees as of December 31, 2023, and that are required to file an annual Employer Information Report EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC),...more

Ius Laboris

What we mean by ‘pay’?

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Notwithstanding the ‘love’ cited by Raymond Carver in his masterpiece, one of the main reasons why people work is the pay. You might even say that people love pay. ...more

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