Recently, two District of Arizona opinions—Hoffman v. Pride Security LLC, 2024 WL 579072, and Stanfield v. LaSalle Corrections West LLC, 2024 WL 2271869—departed from prior District of Arizona case law regarding judicial approval of settlements under the Fair Labor Standards Act (FLSA).

Continue Reading Recent District of Arizona Opinions Depart From Prior District of Arizona Case Law Regarding Judicial Approval of Fair Labor Standards Act Settlements

As reported here, as of January 1, 2024, California’s state minimum wage increased to $16 per hour for all employers. This minimum wage rate applies to all employees, subject to a few limited exceptions (including additional requirements for certain specific industries such as fast food and healthcare).

California employers operating in certain localities should also determine whether their city or county maintains minimum wage rates for nonexempt employees separate from and above the state rate. If a locality provides a higher minimum wage rate than the state rate, the employer must pay the higher local rate.

Continue Reading Minimum Wage in Certain California Localities to Increase July 1, 2024

As we previously reported, California Governor Gavin Newsom signed into law SB 525, which provides a tiered approach for minimum wages for the state’s healthcare workers. Rather than go into effect on June 1, 2024, as originally planned, due to California’s budgetary issues, on May 31, 2024, Governor Newsom signed SB 828, which pushes the effective date of the minimum wage increase to July 1, 2024. No other changes to SB 525’s healthcare worker minimum wage law were made.

California healthcare employers with questions about the minimum wage or the change in date should contact experienced counsel.

On June 30, 2024, in Washington, D.C., the Wage Transparency Omnibus Amendment Act of 2023 (Act) will go into effect after surviving a 30-day congressional review period. With this Act, Washington, D.C., joins a growing group of jurisdictions with pay transparency laws, including California, Colorado, Connecticut, Hawaii, Maryland, Nevada, New York, Rhode Island, and Washington. The Act is meant to assist the district’s efforts to address concerns and perceptions regarding income disparities.

The new law requires employers with at least one employee in Washington, D.C., to include pay ranges in job listings and disclose healthcare benefits information to applicants. The Act also prohibits employers from inquiring about an applicant’s salary history. For more details about the Act’s requirements and next steps for employers, please find Perkins Coie’s January 22, 2024, Wage and Hour update: Washington, D.C., Set To Enact Wage Transparency Law.

Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA).

Since 1943, the Washington EPOA prohibited sex- and gender-based pay discrimination. The new EPOA amendments expand the EPOA beyond gender, and the law now prohibits pay discrimination based on membership in any protected class. Protected classes under the 2024 EPOA include age, sex, gender, marital status, race, national origin, sexual orientation, gender expression, gender identity, presence of a disability, and more.

Read the full Update here.

Employers are increasingly using artificial intelligence (AI)-powered systems to monitor employee activities ranging from schedules and timecards to performance. In previous updates and podcasts, we have closely tracked the federal government’s efforts in these areas. Against this backdrop, the U.S. Department of Labor’s (DOL) Wage and Hour Division released a Field Assistance Bulletin addressing compliance risks posed by the use of AI under the Fair Labor Standards Act (FLSA) and other federal labor standards. This guidance makes it clear that employers remain responsible for compliance with federal laws when adopting AI or other automated systems in the workplace. The bulletin cautions against heavy reliance on AI systems, saying a lack of human eyes could create a domino effect and lead to violations of federal wage and leave laws.

Read the full Update here.

The county of Los Angeles’ new Fair Workweek Ordinance will take effect on July 1, 2025. The Ordinance comes after the city of Los Angeles passed a similar ordinance in 2022 and has the stated purpose of both supporting retail workers in the county by providing fair workweek protections, and promoting the health, safety, and welfare of retail workers by providing more predictable work schedules that ensure stability for them and their families. Generally, the Ordinance requires retail businesses with 300 or more employees globally to follow certain scheduling restrictions. The Ordinance applies to businesses in the North American Industry Classification System within the retail trade categories and subcategories 44 through 45. It covers employees who work at least two hours per workweek within the unincorporated areas of the county of Los Angeles and are entitled to minimum wage under California law.

Continue Reading Los Angeles County Approves Fair Workweek Ordinance

As most employers are aware, California law requires employers to furnish employees with accurate and itemized wage statements that contain numerous required components. This requirement is enumerated in Labor Code section 226. Further, under the Labor Code, an employee who suffers injury due to an employer’s “knowing and intentional failure” to comply with wage statement requirements is entitled to penalties.

Continue Reading California Supreme Court Permits Good Faith Belief Defense on Wage Statement Violations

The U.S. Department of Labor (DOL) issued a final rule on April 23, 2024, increasing the minimum salary and compensation thresholds for certain overtime exemptions (the Final Rule) under the Fair Labor Standards Act (FLSA). The Final Rule has a stated effective date of July 1, 2024. The FLSA mandates that employers pay nonexempt employees one-and-a-half times their regular rate for hours worked beyond 40 in a week. However, the law exempts certain employees from receiving overtime.

Read the full Update here.