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

Recently, the U.S. District Court for the District of Arizona held in Castillo v. Spencer’s Air Conditioning & Appliance, Inc., 2024 WL 706939, that while the question of whether an entity is a joint employer under the Fair Labor Standards Act (FLSA) is a question of law, summary judgment was not appropriate because there were material disputed facts at issue in the analysis of the economic reality of an alleged joint employment relationship. Continue Reading Arizona District Court Denies Summary Judgment on Joint Employment Relationship Issue

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

The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which apply to federal government commercial contracts to be principally performed in the United States and its territories. The rule imposes three new requirements

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

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.

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