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Colorado Expands Employer Job Posting Obligations: Promotional Opportunity Evolution

Employers across the country have grappled with the requirements of Colorado’s Equal Pay for Equal Work Act (EPEWA), since it went into effect on January 1, 2021. The act was the only one of its kind at the time, and has spawned similar legislative efforts around the country, including in California, New York, and Washington. Yet the Centennial State has stood alone in its requirement that employers notify their Colorado employees of “promotional opportunities” available to them, no matter where those opportunities exist in the organization or whether those employees might be qualified for or interested in such jobs.

Michael H. Bell Denver
Dallas Author

Rebecca M. Lindell Denver
Salt Lake City Author

Sixth Circuit Adopts New Certification Process in FLSA Collective Actions

On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the U.S. Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor Standards Act (FLSA), instead requiring lead plaintiffs to demonstrate a “strong likelihood” that other employees they seek to represent are “similarly situated” to the original plaintiffs. In so ruling, the Sixth Circuit became just the second circuit court to expressly reject the familiar two-step certification procedure in FLSA collective actions.

Chris R. Pace Kansas City Author

Margaret Santen Charlotte
Atlanta Author

Monica L. Lacks Cleveland Author

Samuel H. Ottinger Cleveland Author

UK Government Releases ‘Smarter Regulation to Grow the Economy’ Policy Paper: Effects on Employment Law

On 10 May 2023, the United Kingdom’s Department for Business and Trade published its policy paper, “Smarter Regulation to Grow the Economy.” The proposals contained therein are intended to “improve regulation across the board to reduce burdens, push down the cost of living, and drive economic growth.”

Emma Thomson London Author

Federal District Court in Virginia Rejects Familiar Two-Step FLSA Collective Certification Approach

On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair Labor Standards Act (FLSA) collective certification process would lead to irrelevant parties learning of and potentially joining the lawsuit. The decision in Mathews represents a growing trend against the familiar two-step approach to certification of collective actions under the FLSA.

Monica L. Lacks Cleveland Author

Jimmy F. Robinson, Jr. Richmond Author

Samuel H. Ottinger Cleveland Author

New Jersey Employers Face Imminent Changes to Unemployment Compensation Law, Including Mandatory Reporting, Appeals, and Penalties

On November 3, 2022, Governor Phil Murphy signed into law a number of changes to New Jersey’s Unemployment Compensation Law (UCL) that will take effect on July 31, 2023.

Michael Nacchio Morristown
New York Author

Alexander W. Raap Morristown Author

Michael J. Westwood-Booth Morristown Author

Maryland Moves to Revise Paid Family and Medical Leave Insurance Program Implementation Dates, Raise State Minimum Wage

Maryland’s 2023 legislative session has concluded with new legislation impacting Maryland employers. Governor Wes Moore (D) has already signed into law the Fair Wage Act of 2023, and legislation modifying Maryland’s Family and Medical Leave Program currently awaits his signature.

Owen J. Peters Washington D.C. Author

Patrick T. Wilson Washington D.C. Author

California High Court Confirms Wages Due on Weekends, Holidays May Be Paid Next Day

On March 29, 2023, the California Supreme Court put the final nail in the coffin of an employee’s claim that California Labor Code Section 204 requires employees to be paid on weekends. The California high court declined to review the case Parsons v. Estenson Logistics, LLC, in which an employee had sought to pursue claims under California’s Private Attorneys General Act (PAGA) alleging he was consistently paid two days late each week because his employer paid wages due on Saturday on the following Monday.

Michael J. Nader Sacramento Author

Kyle A. Wende Sacramento Author

Zachary V. Zagger New York Author

Los Angeles City Council Proposes Minimum Wage Increase for Hotel and LAX Workers

On April 7, 2023, the Los Angeles City Council proposed an ordinance to increase the minimum wage for both hotel workers and Los Angeles International Airport (LAX) workers.

Leslie E. Wallis Los Angeles Author

Sage S. Stone Los Angeles Author

Denver Auditor’s Office Adopts New Civil Wage Theft Rules

In January 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that provided new avenues for workers in the City and County of Denver to pursue claims for wage theft. Denver Labor, a division of the Auditor’s Office, recently adopted rules regarding enforcement of the new ordinance, providing important clarification on several aspects of the ordinance.

Michael H. Bell Denver
Dallas Author

Marielle A. Moore Denver Author

Rebecca M. Lindell Denver
Salt Lake City Author

Colorado Mandates Annual Notice to Employees Regarding Available Income Tax Credits

In addition to issuing annual statements showing the total compensation paid and income tax withheld for the preceding calendar year, Colorado employers are now required to notify employees in writing of the availability of income tax credits.

Michael H. Bell Denver
Dallas Author

Marielle A. Moore Denver Author

Lessons in Leave: 5 Potential Pitfalls Surrounding Sabbaticals

Employers are increasingly offering periods of leave as a benefit for employees to combat burnout and retain high-quality workers. Employees are also asking for leave more frequently.

Jesse R. Dill Milwaukee Author

Corissa L. Pennow Milwaukee Author

Third Circuit Finds Deductions From Exempt Employees’ PTO Do Not Impact Exempt Status Under the FLSA

On March 15, 2023, in a case of first impression, the United States Court of Appeals for the Third Circuit held that paid time off is not part of an employee’s salary. Therefore, the employer did not compromise employees’ exempt status under the Fair Labor Standards Act when it reduced their accumulated PTO for failing to meet performance objectives.

Kenneth B. Siepman Indianapolis Author

Phillip J. Jones Indianapolis Author

Manhattan District Attorney Sets Sights on Allegations of Employer Wage Theft

On February 16, 2023, Manhattan District Attorney Alvin L. Bragg Jr. announced the creation of a special unit to “investigate and prosecute” wage theft, harassment, and exploitation of workers. He also announced the establishment, in partnership with the New York State Department of Labor, of a fund to repay victims of such crimes. D.A. Bragg and his office further declared support for a proposed bill in the New York state legislature that would expand the existing crime of larceny to include wage theft.

Kelly M. Cardin New York
Stamford Author

Zachary V. Zagger New York Author

Los Angeles Wage Office Shifts Interpretation of New Fair Work Week Ordinance

Part of a recently passed pay predictability ordinance in Los Angeles is already causing some confusion for employers over a provision requiring retail employers to pay workers a premium for working a second shift within ten hours of the first shift. Such tightly scheduled shifts often occur when a worker is needed to close and then open the next day, referred to as “clopening” shifts.

Catherine L. Hazany Torrance Author

Zachary V. Zagger New York Author

New Jersey Court Says Employee Discharged for Discipline Not Entitled to Payment for Accrued PTO

On February 22, 2023, the Superior Court of New Jersey Appellate Division ruled that a hospital employee discharged for disciplinary reasons was not entitled to payment of accrued paid time off (PTO) because the hospital had an express policy that PTO would not be paid out after a disciplinary discharge.

Michael Nacchio Morristown
New York Author

Zachary V. Zagger New York Author

Is It Compensable? Federally Recognized Holidays

February 20, 2023, was Presidents’ Day, one of several federal holidays occurring throughout the year in the United States. Private-sector employers are not required by federal law to give employees any federal holidays off. Nevertheless, many private companies provide at least some federal holidays off for their employees. Are those private-sector employers that choose to provide their employees with holidays off required to pay employees for that time?

Keith E. Kopplin Milwaukee Author

Suzanne M. Watson Milwaukee Author

Supreme Court Holds Highly Paid Employee Not Overtime Exempt Due to Daily Rate Pay

On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards Act (FLSA).

Andrew P. (Drew) Burnside New Orleans Author

Steven F. Pockrass Indianapolis Author

Zachary V. Zagger New York Author

Los Angeles Predictable Scheduling Law Set to Take Effect

Retail employers in Los Angeles will soon be required to provide employees with written, good faith estimates of their schedules and offer extra hours to current employees before hiring new workers under a new ordinance that takes effect on April 1, 2023. The “Los Angeles Fair Work Week Ordinance” makes the city the latest jurisdiction to pass a predictable scheduling law,

Catherine L. Hazany Torrance Author

Zachary V. Zagger New York Author

New York City Council Proposes Amendments to Pay Transparency Law

On February 2, 2023, the New York City Council introduced a bill (Int. No. 907) that proposes changes to Local Law 32, New York City’s current salary disclosure law, which became effective on November 1, 2022.

Kelly M. Cardin New York
Stamford Author

Jessica R. Schild New York Author

Louisiana Appellate Court Finds Nondiscretionary Production Bonus Based on Employee Work Is a “Wage” Payable at Termination

The Louisiana Court of Appeal, First Circuit, in DiVittorio v. Seale & Ross, PLC, affirmed a trial court’s judgment in favor of associate attorneys, granting them certain bonus compensation but denying another bonus claim. The appellate court held that the trial court had correctly ruled that the former associate attorneys earned their production bonuses, which were improperly withheld in bad faith.

Andrew P. (Drew) Burnside New Orleans Author

Ellen C. Rains New Orleans Author

Michigan Court of Appeals Maintains Status Quo Regarding Paid Medical Leave

On January 26, 2023, in the long-awaited opinion in Mothering Justice v. Attorney General, a three-judge panel of the Michigan Court of Appeals ruled, in a 3–0 opinion, that the Michigan Paid Medical Leave Act (PMLA) and Michigan Improved Workforce Opportunity Wage Act, as implemented in March 2019, will remain in place.

Daniel G. Cohen Detroit (Metro) Author

Heather G. Ptasznik Detroit (Metro) Author

Is It Compensable? Missing Work Due to Inclement Weather

Is the time during which employees were scheduled to be at work but could not be due to poor weather conditions compensable? That depends.

Keith E. Kopplin Milwaukee Author

Suzanne M. Watson Milwaukee Author

Denver Ordinance Creates New Avenue for Workers to Pursue Wage Theft Violations by Employers

On January 10, 2023, Denver Mayor Michael Hancock approved an ordinance (File No. 22-1614) passed by the Denver City Council that will provide new avenues for workers in the City and County of Denver to pursue claims for wage theft.

Michael H. Bell Denver
Dallas Author

Rebecca M. Lindell Denver
Salt Lake City Author

Harrison J. Meyers Denver Author

Albany County, New York’s New Law Requiring Disclosure of Pay Ranges in Job Postings

Employers in Albany County, New York, will soon be required to disclose expected pay ranges in job postings under a new pay transparency law. The law, which is expected to go into effect on March 9, 2023, adds Albany County to the growing list of jurisdictions across New York State with similar pay transparency requirements.

Kelly M. Cardin New York
Stamford Author

Zachary V. Zagger New York Author

Connecticut Kicks Off Its 2023 Legislative Session With Slew of Employment-Related Bills

Connecticut employers have seen a significant increase in legislation affecting their businesses over the last few years. The Connecticut General Assembly does not show any signs of slowing down. A slew of labor and employment bills have been proposed in the 2023 legislative session.

Marc L. Zaken Stamford Author

Nicole S. Mulé Stamford Author

Colorado’s New Pay Standards Reflect the State’s Rising Cost of Living

The Colorado Department of Labor and Employment (CDLE) recently released the 2023 Publication and Yearly Calculation of Adjusted Labor Compensation Order (2023 PAY CALC Order). The 2023 PAY CALC Order has increased the compensation thresholds applicable to a variety of Colorado wage-and-hour and workplace requirements.

Roger G. Trim Denver Author

Rebecca M. Lindell Denver
Salt Lake City Author

Harrison J. Meyers Denver Author

Remote Work Arrangements Pose Travel-Related Reimbursement Challenges for Massachusetts Employers

For many employers in Massachusetts, remote work has become part of the new normal, with nearly a quarter of employees in the state having worked remotely in 2021, according to one recent media report. While such arrangements can be convenient and even allow for cost savings, they present novel challenges for employers, including whether and how to reimburse employees (including nonexempt and exempt employees) for various travel-related expenses.

Rachel Reingold Mandel Boston
Stamford Author

Andrea M. Sullivan Boston Author

California Judge Temporarily Enjoins Implementation of FAST Recovery Act

On December 30, 2022, a Sacramento County Superior Court judge issued a temporary restraining order blocking the State of California—in particular, the California Department of Industrial Relations—from implementing the provisions of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act).

Karen F. Tynan Sacramento Author

Haidy M. Rivera Sacramento Author

Robert C. Rodriguez Sacramento Author

Paul M. Smith Sacramento Author

German Employers’ Obligations to Record Employees’ Working Time

On September 13, 2022, the German Federal Labor Court (Bundesarbeitsgericht) ruled (1 ABR 22/21) that employers are required to record the working hours of their employees. According to the Federal Labor Court, a comprehensive obligation to record working hours cannot be derived from the Working Hours Act; however, such an obligation follows from the mandatory interpretation of occupational health and safety regulations in conformity with European law. The decision of the Federal Labor Court has caused uncertainty among employers.

Andre Appel Berlin Author

Holiday Gift for Oregon Employers: Security Screenings Are Not Compensable Absent Contract, Custom, or Practice

On December 15, 2022, the Oregon Supreme Court gave employers important clarity regarding the compensability of time spent in post-shift security screenings.

Elizabeth A. Falcone Portland (OR) Author

Christopher F. McCracken Portland (OR) Author

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