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Publications
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06.27.2023Minnesota Prohibits Post-Employment NoncompetesUpdatesThe state of Minnesota enacted a labor bill (SF 3035) on May 24, 2023, that prohibits employers’ use of noncompetes. This ban becomes effective July 1, 2023, but does not apply retroactively to noncompetes signed before this date.
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03.02.2023Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated EmployeeUpdatesThe U.S. Supreme Court ruled that compensation based on a daily rate does not satisfy the Fair Labor Standards Act's “salary basis test,” which is required for an employee to be exempt from overtime compensation.
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11.10.2022Cal/OSHA Amends Proposed COVID-19 RegulationUpdatesOn October 14, 2022, CDPH changed the definition of “close contact." CDPH’s revised definition left employers with large facilities with more questions than answers.
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06.17.2022US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA ClaimsUpdatesCalifornia’s Private Attorneys General Act is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the employee and fellow current and former employees.
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06.08.2021District Court Denies Preliminary Injunction Against Colorado’s Equal Pay ActUpdates
On May 27, 2021, the U.S. District Court for the District of Colorado denied Rocky Mountain Association of Recruiters’ motion for preliminary injunction.
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01.20.2021California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex DecisionUpdatesOn January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc., holding that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 applies retroactively.
Presentations
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04.25.2023No Good Deed Goes Unpunished: Benevolent Discrimination in the WorkplaceSpeaking EngagementsMyLawCLE / Webinar
Wage & Hour Developments
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The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking on August 30, 2023, which proposes revisions to the regulations issued under the Fair Labor Standards Act (FLSA). The proposed rule seeks to increase the federal minimum salary threshold required for employees to qualify as exempt employees to roughly $55,000 per year. White-Collar...
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Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee
The U.S. Supreme Court recently ruled in Helix Energy Solutions Group v. Hewitt that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate did not satisfy the “salary basis...
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On September 5, 2022, California Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or A.B. 257). The FAST Recovery Act creates the Fast Food Council, responsible for establishing minimum standards for employees in the fast-food industry, including establishing minimum wages, working hours, and other working conditions related to...
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Department of Labor Announces Initiative to Monitor Warehouse and Logistics Worker Pay
This month the United States Department of Labor (DOL) issued a press release announcing its Warehouse and Logistics Worker Initiative (Initiative). See https://www.dol.gov/newsroom/releases/whd/whd20220208-1. The purpose of the Initiative is to increase the DOL’s scrutiny of the warehouse and logistics industry’s practices. Specifically, the Initiative is focused on ensuring that workers: Receive all legally earned wages,...
