Pay

On Tuesday, April 27, President Biden signed an executive order requiring federal contractors to pay their employees a minimum of $15 an hour starting on March 30, 2022. After that, the order will continue to index the minimum wage for federal contractors to an inflation measure.

This raise in the pay floor – which was previously increased by President Obama – represents a hike of about $4.… Continue Reading

On March 3, 2021, U.S. District Judge William Alsup of the Northern District of California said he would partially rule in favor of a class of California retail industry workers against Apple, finding those workers were entitled to be paid for time they spent undergoing bag security checks when exiting Apple’s premises. … Continue Reading

On February 25, 2021, the House Subcommittee on Investor Protection, Entrepreneurship, and Capital Markets held a hearing entitled, “Climate Change and Social Responsibility: Helping Corporate Boards and Investors Make Decisions for a Sustainable World.”  The hearing invited panelists, including James Andrus, an investment manager for the California Public Employees’ Retirement System (CalPERS), to discuss a variety of topics, including environmental, social, and governance (ESG) disclosures involving diversity, equity, and inclusion (DEI) metrics, as well as corporate social accountability.… Continue Reading

On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective date for the rule has now been delayed 60 days from March 8, 2021, to May 7, 2021.… Continue Reading

On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies.

The first, FLSA2019-6, addressed the status of independent contractors for an unnamed virtual marketplace company (VMC) and took a more expansive view of independent contractors than the WHD’s approach during the Obama Administration.… Continue Reading

On February 5, 2021, the 28th anniversary of the Family and Medical Leave Act (FMLA), Senator Kirsten Gillibrand (D-NY) and Representative Rosa DeLauro (D-CT) re-introduced the Family and Medical Leave Insurance (FAMILY) Act in both the Senate and House of Representatives.  The bill aims to create a permanent, national paid family and medical leave program.… Continue Reading

On January 26, 2021, the U.S. Department of Labor (DOL) suspended the Final Rule on tipped employees that it had issued on December 22, 2020. The Final Rule would have clarified tip-pooling for employees in the food service and hospitality industry, as well as how the tip credit applied to employees who perform both tipped and non-tipped duties.… Continue Reading

The DOL abruptly ended the Payroll Audit Independent Determination (PAID) program on January 29, 2021.  The program, which was adopted during the Trump administration, allowed employers to self-report FLSA violations before a complaint, pay back pay and avoid liquidated damages, penalties or fines.  Employees were prohibited from bringing private actions to recover additional damages for these violations. … Continue Reading

The DOL issued an opinion letter on January 19, 2021, finding a wider group of journalists and media personnel qualify for the creative professional exemption under the FLSA.  Traditionally, the DOL and courts found that exemptions under the FLSA should be narrowly construed.  In 2018, the United States Supreme Court upended that standard, finding that exemptions should be given a “fair reading.” … Continue Reading