On June 18, 2024, California Governor Gavin Newsom announced an agreement to reform PAGA. As background, the California Fair Pay and Employer Accountability Act sought to make changes to PAGA through a November 2024 ballot initiative. Currently, PAGA allows allegedly aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for California Labor Code violations. If the legislation reflecting the agreement is passed and signed into law, the proponents of the ballot initiative have agreed to withdraw the ballot measure from the November ballot. Continue Reading California New Agreement on Private Attorneys General Act (PAGA) Reform

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 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

In an important change, beginning on March 20, 2024, employees may file lawsuits, including class actions, against their employers for alleged violations of New York City’s Earned Safe and Sick Time Act (the Sick Leave Law), rather than having to rely on agency enforcement actions. Such lawsuits may be filed within two years after the date

Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th day of employment. This requirement, effective January 1, 2024, applies regardless of whether a worker’s separation is voluntary or involuntary.

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On January 12, 2024, Washington, D.C., joined the growing list of jurisdictions to enact wage transparency legislation when Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023 (the Act), formerly known as the Pay Scale and Benefits Disclosure Amendment Act. If the Act survives the 30-day congressional review period, during which Congress can vote to overrule it, the law will take effect June 30, 2024.

The new law applies to all employers with at least one employee in Washington, D.C. and requires employers 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.Continue Reading Washington, D.C., Set To Enact Wage Transparency Law

In welcome news for employers, the Chicago City Council passed an amendment to the new Chicago Paid Leave and Paid Sick and Safe Leave Ordinance, which will delay implementation of paid leave requirements from December 31, 2023, to July 1, 2024. The ordinance significantly expands paid leave requirements for Chicago employers and includes some of

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