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Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

The California Department of Industrial Relations (DIR) and the Labor Commissioner’s Office launched a program creating opportunities for local prosecutors to obtain funding for wage theft prosecutions. The program, called the Workers’ Rights Enforcement Grant, will provide eligible prosecutors with two annual grant awards of $8,550,000 each, for a total of $18 million. The first grant cycle is 2024 – 2025, and the second is 2025 – 2026.Continue Reading California Launches $18 Million Program Intended for Wage Theft Investigation

On January 12, 2024, the Berkeley Fair Work Week Ordinance (Ordinance) became operative. As previously described, Berkeley, California, enacted an Ordinance that requires covered employers to provide work schedules to employees at least 14 calendar days in advance of a shift and provide 11 hours of rest between shifts, among other requirements.

Berkeley employers

The California Department of Industrial Relations (DIR) issued updated responses to frequently asked questions (FAQs) relating to the state’s amended paid sick leave law. As previously reported, California enacted SB 616, which expands the state law with respect to paid sick leave. The new law will be effective January 1, 2024, and increases the minimum amount of sick leave per year from 24 hours (or three days) to 40 hours (or five days). California’s labor commissioner also updated the paid sick leave poster and 2810.5 employee notice to reflect the new law’s requirements. The DIR’s FAQs page answers questions for employers regarding accrual methods, caps on paid sick leave, and how employers can transition their paid sick leave policies to comply with the new law. For example, the FAQs address what an employer must do to comply with the law on January 1, 2024, if the employer uses an accrual method and capped an employee’s yearly use of leave at three days or 24 hours: —”If an employer uses an annual start date other than January 1 and implements a 12‑month use cap, that cap must change to 40 hours or 5 days on January 1, 2024. For example, if an employer uses the 12-month period of May 1 – April 30 and implements a cap and an employee used 24 hours or three days before January 1, 2024, the employer must allow the employee to use an additional 2 days or 16 hours before April 30 if the employee has accrued that additional leave.”Continue Reading California Revises Frequently Asked Questions on Paid Sick Leave

On December 6, 2023, the Biden administration released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions, which provides a semi-annual update on the federal government’s regulatory agenda and sets target dates for upcoming rulemaking. That update included the announcement that the U.S. Department of Labor (DOL) aims to release its final rule amending the so-called “white collar” exemptions under the Fair Labor Standards Act (FLSA), titled Defining and Delimiting the Exemptions for Executive, Administrative, Professional Outside Sales and Computer Employees, in April 2024. We provide a short synopsis of the proposed changes that would go into effect with that release.Continue Reading Biden Administration Announces April 2024 Release of Final Rule on FLSA Exemptions

On January 1, 2024, the Illinois Minimum Wage will rise to $14 per hour for individual who are 18 years and older. New employees in the first 90 days of employment over the age of 18 may be paid up to 50 cents less per hour. Youths under the age of 18 who work fewer than 650 hours per calendar year may be paid $12 per hour. Tipped employees may be paid 60% of the hourly minimum wage, which for 2024 will be $8.40. The state minimum wage applies to employers of four or more employees.Continue Reading Illinois Minimum Wage Increases on January 1, 2024

Effective January 1, 2024, AB 636 amends California Labor Code Section 2810.5 to require employers to provide employees with additional information at the time of hiring. This includes information about the existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed—and that

On January 1, 2024, California’s state minimum wage will increase to $16 per hour for all employers. This minimum wage rate applies to all employees, subject to a few limited exceptions. Correspondingly, exempt employees in California must earn no less than two times the state’s minimum wage, or an annual salary of no less than $66,560 (or $1,280 per week) to meet this threshold requirement. Employers should post the Minimum Wage Order and the Wage Order applicable to their workplace at a worksite area accessible to employees. The wage orders can be downloaded and printed from the workplace postings page on the California Department of Industrial Relations (DIR) website here.Continue Reading California’s Minimum Wage Increases on January 1, 2024