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.Continue Reading Department of Labor Seeks To Raise the Federal Minimum Salary Required To Qualify as an Exempt Employee for Fair Labor Standards Act Purposes
Kelsey Cropper has provided advice and counsel related to all manners of labor and employment including drafting employment agreements for high level management employees and performing audits of client practices related to independent contractors.
The U.S. Supreme Court recently ruled in Helix Energy Solutions Group v. Hewitt that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate did not satisfy the…
On September 5, 2022, California Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act or A.B. 257). The FAST Recovery Act creates the Fast Food Council, responsible for establishing minimum standards for employees in the fast-food industry, including establishing minimum wages, working hours, and other working conditions related to health and safety in the fast-food industry. The FAST Recovery Act will take effect on January 1, 2023, and will become inoperative on January 1, 2029.Continue Reading California’s FAST Recovery Act Establishes a Council With Broad Authority to Set Standards for Fast Food Workers
This month the United States Department of Labor (DOL) issued a press release announcing its Warehouse and Logistics Worker Initiative (Initiative). See https://www.dol.gov/newsroom/releases/whd/whd20220208-1. The purpose of the Initiative is to increase the DOL’s scrutiny of the warehouse and logistics industry’s practices. Specifically, the Initiative is focused on ensuring that workers:
- Receive all legally earned wages, including minimum wage and overtime pay;
- Work in an environment safe from harassment and retaliation; and
- Are not prevented from taking legally protected leave.
The West Hollywood City Council unanimously approved a draft Ordinance establishing a citywide minimum wage and guaranteed leave during a November 3, 2021 City Council meeting that ended on November 4, 2021. The draft Ordinance can be found here and the City also issued a press release detailing the draft Ordinance.
The draft Ordinance sets forth the following phased minimum wage schedule:
|Determined by Cost of Living Adjustment
Estimated to be: $18.31
|Employers of 50 or More
|Employers of Less than 50
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders, announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, applies retroactively. Read the full update