Zev Eigen discusses how employers can utilize Big Data to help close the gender wage gap in their organizations.

SHRM Online

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In a favorable ruling for employers defending against wage statement compliance claims, the California Supreme Court in Naranjo v. Spectrum Services Inc. (Naranjo) settled an age-old dispute by determining that an employer that reasonably and in good faith believed it was providing a complete and accurate wage statement has a viable defense to a claim for penalties under the California wage statement statute.

Background

On August 6, 2019, New Jersey’s wage and hour laws were amended to include liquidated damages on some claims, a new retaliation cause of action, and expansion of the statute of limitations from two to six years (the “2019 amendments”).  Since then, litigants in New Jersey have struggled with the effect those amendments have had on their lawsuits.  One of the main points of confusion centered around whether the 2019 amendments applied retroactively to violations prior to August 6, 2019, or whether the changes applied prospectively only.  A significant conflict developed between federal and

As many states are raising the minimum wage for state employees, Shannon Meade explains that minimum wage increases will differ based on where the employees are located.

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Shannon Meade talks about how the pandemic has upended the labor market, pushing employees to realize the benefits of higher pay and forcing employers to offer better pay and flexibility.

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Jorge Sales Boyoli weighs in on a reform that was almost passed in Mexico, which “violates the most sacred thing that a worker has: his salary.” 

El Heraldo de Mexico

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Lee Schreter and Justin Brown suggest four practical recommendations for companies that opt to issue crypto outright in connection with employees’ wages.

The Fashion Law

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Shannon Meade talks about states implementing minimum wage increases, increases in employers’ total compensation packages and the trend in “unretirements.”

HR Dive

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Paul Piccigallo talks about considerations for employers when raising minimum wage in the midst of rising inflation.

SHRM Online

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Johane Severin says a few of New York’s new employment laws serve to protect the public from losing rights and protecting people who don’t have the same access to resources as others have.

International Employment Lawyer

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Trent Sutton and Thelma Akpan explore key reasons why employers in the APAC region should begin to think about pay equity and wage transparency or prepare to implement their own wage transparency initiatives.
 

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees stemming from an earlier opinion.

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave, new fair work week thresholds, and updated required labor notices. The compliance deadline for these obligations is July 1, 2024.

UPDATE: On August 21, 2024, the Attorney General and State of Michigan asked the Michigan Supreme Court to clarify – no later than September 15, 2024 – various rulings in its July 31, 2024 decision, e.g.: 1) How the state should calculate CPI adjustments for the preset minimum wage rates in 2025 through 2028; 2) Whether, aside from in 2025, future minimum wage rates will take effect on February 21 or January 1; and 3) Whether the court intended to have the minimum cash wage increase from 80% (2028) to 100% (2029) rather than 80% (2028), 90%

In Schachter v. Citigroup, Inc.,¹ the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash.

An employer pays its managers an annual salary and in addition provides monthly advances based on an estimate of the incentive bonus the employee appears likely to have earned by the end of the year. However, if the employee's performance declines over time so that the earned bonus ends up being less than the amounts advanced over the course of the year, it seems obvious that the employer should be able to deduct the overpayments from future paychecks.

As of July 1, 2024, the Foreign Labor Certification (FLC) Data Center website (FLCDataCenter.com) will be discontinued and will not be available for providing prevailing wage data for occupations. Prevailing wage information is required for permanent and temporary foreign labor certification processes as well as for various non-immigrant temporary work visas such as H-1B, H-1B1 and E-3.

Michael Lotito says the U.S. Supreme Court’s decision to nix Chevron deference sends a message to federal agencies that the days of administrative overreach are over.

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Andrea M. Kirshenbaum discusses the 2023-24 SCOTUS opinions that promise to reshape administrative law in the United States for decades to come.

The Legal Intelligencer

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David Jordan discusses the framework of the 80/20 tip-credit rule and its current impact on employers after the Fifth Circuit’s recent decision leaves a version of the rule up for questioning.

Bloomberg Law

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Libby Henninger offers tips for employers paying disabled workers lower wages.

Law360 Employment Authority

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On October 1, 2024, Maryland’s Pay Stub/Pay Statement and Pay Transparency laws went into effect. The laws were passed during the General Assembly’s 2024 legislative session and amended the state’s Wage Payment and Collection Law and Equal Pay for Equal Work law, respectively.

Pay Stub/Pay Statement Law Requirements

At the November 5, 2024 election, California voters will determine the fate of Proposition 32, which proposes to increase the state minimum wage and provide for automatic future adjustments tied to inflation.

On June 15, 2023, Nevada Governor Joe Lombardo signed SB 290, which requires early wage access (EWA) providers to obtain a license from the Commissioner of Financial Institutions. This is the first EWA law enacted by any state. 

Early Wage Access Generally

Bradford Kelley and Mike Paglialonga explain the basics of wage and hour laws and why it’s critical for business owners to ensure their business complies with federal, state and local laws and regulations.

American Drycleaner

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Bradford Kelley and Mike Paglialonga explain the basics of wage and hour laws and why it’s critical for business owners to ensure their business complies with federal, state and local laws and regulations.

American Drycleaner

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As prosecutors and states have ramped up the criminal prosecution of wage theft and other employment law violations, Jacqueline Kalk explains why this isn’t always necessary.

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Alex MacDonald says a California assembly bill unlawfully targets certain companies or groups of companies.

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Shannon Meade says wage legislation on the hill has consistently failed and stalled in Congress, so states have been stepping up to fill the void.

Forbes

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