New York Governor Kathy Hochul recently signed the Wage Theft Accountability Act (WTPA) into law, which was effective immediately. The law amends New York’s criminal larceny statute to include “wage theft” in its definition of “larceny.” NY CLS Penal § 155.05(2)(f).
Wage & Hour Developments
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California Governor Revives Industrial Welfare Commission
The California Industrial Welfare Commission (IWC) was established to regulate wages, hours, and working conditions in California. Importantly, the IWC adopted “wage orders,” which establish specific rules for various industries. California has not funded the IWC since 2004, and it has not been in operation. This is likely to change.
California Governor Gavin Newsom signed…
Illinois Joins the Growing List of States With New Pay Transparency Laws
Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January 1, 2025, and requires all employers with 15 or more employees to provide pay scale and benefits information in…
District of Arizona Addresses Judicial Approval of Individual Fair Labor Standards Act Settlements
In August 2023, the U.S. District Court for the District of Arizona joined “the growing number of courts that have concluded” that judicial approval of Fair Labor Standards Act (FLSA) settlements “is neither authorized or necessary.” In Evans v. Centurion Managed Care of Arizona LLC[1], the plaintiff asserted individual claims under the FLSA…
Department of Labor Seeks To Raise the Federal Minimum Salary Required To Qualify as an Exempt Employee for Fair Labor Standards Act Purposes
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.…
Federal Court Rejects “Employer Knowledge” Defense in Arizona Wage Act Claims
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act. In Arrison v. Walmart, the district court held that there is no “employer knowledge” requirement under the AWA, rejecting Walmart’s attempt to defeat an unpaid wages class action against the company…
California’s Latest Minimum Wage Increase to Take Effect January 1, 2024
Effective January 1, 2024, California’s minimum wage will increase to $16.00 per hour for all employers, regardless of size. Under California’s Labor Code, by August 1 of each year, the director of finance will determine if the minimum wage must be adjusted for inflation and, if so, calculate the increase in minimum wage by the…
Illinois Expands Rights and Remedies for Temporary Workers
Governor J.B. Pritzker signed into law HB 2862 on August 4, 2023, which amends the Illinois Day and Labor Services Act by adding new equal pay obligations and safety and training requirements for employers who hire temporary workers and for staffing agencies that place them—all of which are effective immediately.
Read the full Update here
Freelance Worker Protections Ordinance for Independent Contractors in Los Angeles
In the latest development in California’s evolving independent contractor laws, the Los Angeles City Council approved a new ordinance that provides protections for certain independent contractors providing services in Los Angeles. Beginning on July 1, 2023, the Freelance Worker Protections Ordinance (Ordinance) requires that any contract between a hiring entity and a freelance worker valued…
California Appeals Court Rules Employer Must Reimburse Employees for Work-From-Home Expenses During COVID-19 Pandemic
On July 11, 2023, in Thai v. International Business Machines Corp. (IBM), a three-justice panel of the California First District Appellate Court overturned a trial court’s dismissal of a claim by an employee that the employer violated California law when it failed to reimburse employees for work-from-home expenses during the COVID-19 pandemic.
Plaintiff and a…