The 2023 minimum wage rate in Washington State will increase to $15.74 per hour for employees sixteen years of age and older, the Washington State Department of Labor & Industries announced on September 30, 2022.
Hurricane Ian is expected to make landfall somewhere between Tampa, Florida, and the Florida panhandle this week as a Category 4 hurricane according to the National Hurricane Center.
A recent decision of the German Federal Labor Court (Bundesarbeitsgericht) shows yet again that the issue of working time remains highly fraught for German employers. Following a 2019 ruling of the European Court of Justice (ECJ) setting forth an obligation on the part of European Union employers to establish objective, reliable, and accessible systems for recording their employees’ daily working time, the subject of working time became a widely discussed topic throughout Germany. The Federal Labor Court effectively put an end to such discussions with its decision of September 13, 2022.
On September 30, 2022, the minimum wage in Florida will increase from $10 per hour to $11 per hour for standard employees and from $6.98 per hour to $7.98 per hour for tipped workers. This increase is part of the state’s plan to raise the rate to $15 per hour by 2026.
Employers may be able to alleviate some of the stress and burden associated with economic downturns by working with state unemployment agencies and using workshare programs. Workshare programs allow employers to enter into agreements with state unemployment agencies to reduce employee hours without laying off employees or disqualifying them from state unemployment compensation benefits to supplement their reduced wages.
On September 5, 2022, California Governor Gavin Newsom marked Labor Day 2022 by signing Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), into law. The new law creates the Fast Food Council within the California Department of Industrial Relations, which is tasked with setting minimum standards for fast-food industry workers related to wages, health and safety conditions, security in the workplace, the time off from work for protected purposes, and protections from discrimination and harassment.
Research suggests that more than 60 percent of U.S. workers would like to be able to access their earnings before their regularly scheduled paydays. Responding to this desire, many employers and their payroll providers now offer so-called on-demand pay arrangements that allow employees to receive their wages the same day they earn it. While on-demand pay may be a valuable recruiting and retention tool for employers, the immediate availability of wages carries with it certain tax implications for employers that may not easily be avoided without updates to the tax laws and regulations.
On August 29, 2022, the California Legislature passed a heavily amended version of Assembly Bill (AB) No. 257, the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which would provide increased rights to California’s more than 500,000 fast-food workers. The bill is now headed to Governor Gavin Newsom’s desk.
In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (TWWF), preserving the use of the tip credit in the District, but imposing significant obligations on employers that employ tipped employees, such as mandatory sexual harassment prevention training and notice requirements. Certain aspects of the TWWF are only now being implemented.
California’s minimum wage rate will rise to $15.50 per hour, beginning on January 1, 2023, due to a cost-of-living increase provision found in the state’s minimum wage law.
On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.
With little press coverage, Illinois just amended the Nurse Agency Licensing Act (House Bill (HB) 4666) to prohibit noncompete agreements between nurse staffing agencies and nurses or certified nursing assistants (CNAs) and impose additional reporting requirements.
The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State.
The Colorado Department of Labor and Employment (CDLE) has been busy this summer with the release of several Interpretive Notice & Formal Opinions (INFOs), providing guidance on the evolving landscape of Colorado employment law.
On August 5, 2022, new Pennsylvania state wage-and-hour regulations for tipped and salaried nonexempt workers under the Pennsylvania Minimum Wage Act (PMWA) go into effect.
Earlier today, the Michigan Court of Claims issued a stay of its July 19, 2022, decision in Mothering Justice v. Nessel that had reinstated ballot initiatives that would have drastically changed the state’s paid medical leave and minimum wage laws. The stay is in place until February 19, 2023. This means that the adopted and amended versions of these laws will remain in place for now.
In a decision that further clarifies Massachusetts law with regard to employee classification, the Massachusetts Appeals Court recently held that home inspectors working on behalf of an inspectional services company were independent contractors (and not employees) under the ABC test for determining employment status, and, therefore, ineligible for unemployment benefits.
On July 19, 2022, the Michigan Court of Claims reinstated Michigan’s original (2018) voter-initiated versions of the Improved Workforce Opportunity Wage Act (IWOWA) and the Earned Sick Time Act (ESTA). This reversion immediately increases Michigan’s minimum wage rate to $12 per hour and significantly expands the paid sick leave employers must provide to eligible employees.
Compliance with state wage and hour laws is on the forefront of the mind of just about every employer, particularly as employees are looking for more flexibility in their work schedules since the pandemic. Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, revealed that state wage and hour laws are the second most challenging area of multi-jurisdictional compliance.
On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients.
The statutory minimum wage in Germany will increase to €12 per hour, effective October 1, 2022.
Under the new German Tax Relief Act 2022, as of September 1, 2022, employees subject to income tax are entitled to a one-time lump-sum energy price allowance in the amount of €300. The allowance is intended to mitigate the currently high consumer costs for electricity and fuel.
Many employers with business operations in Nevada are aware by now that Assembly Bill 456, enacted in June 2019, increases the minimum wage in increments of 75 cents annually on July 1 of each year through 2024.
On June 13, 2022, Seattle Mayor Bruce Harrell signed into law CB 120294, a measure intended to ensure app-based delivery drivers are paid a minimum wage plus tips and compensation for expenses, increase transparency related to offers for work, and preserve worker flexibility. The App-Based Worker Minimum Payment Ordinance is part of a collection of six legislative proposals known as “PayUp,” and it is the first in the policy package to pass.
On June 9, 2022, a divided panel of the United States Court of Appeals for the Eleventh Circuit decided an unpaid intern who participated in a forensic photography training program was not entitled to wages under the Fair Labor Standards Act (FLSA).
Several state and local minimum wage rates will increase in the latter half of 2022, with most of these changes effective on July 1, 2022. Increases to minimum wage rates for nonexempt employees and tipped employees in Florida will occur later in the year, on September 30, 2022.
On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor Standards Act (FLSA) collective actions when their claims are not connected to the defendant’s activities in the forum state.
On June 7, 2022, the Minnesota Department of Labor and Industry (MNDOLI) issued its long-awaited approved employer notice regarding requirements under the Frontline Worker Pay Law.
On June 6, 2022, the Supreme Court of the United States ruled that airline cargo loaders are exempt from the Federal Arbitration Act (FAA) under the statute’s “transportation worker” exemption.