Starting in November 2023, covered employers in Berkley, California will need to be prepared to comply with the Berkeley Fair Workweek Ordinance (the Ordinance). The Ordinance 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.

Continue Reading Berkeley, California, Adopts a Fair Workweek Ordinance

Over the past several years, California has gradually increased the state’s minimum wage rate, resulting in the most recent increase, effective January 1, 2023, to $15.50 per hour for all employers. This minimum wage rate applies to all employees, subject to a few limited exceptions. This increase also affects the minimum annual salary requirement for exempt employees. Under California law, exempt employees must be paid a threshold annual salary of two times the state minimum wage for full-time employment. Accordingly, effective January 1, 2023, the minimum salary for otherwise exempt employees increased to $64,480.00 a year.

Continue Reading California Minimum Wage Requirements Effective January 1, 2023

On January 5, 2023, in an announcement that could have sweeping implications for employers across the country, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in effect. The proposed rule would apply to independent contractors and anyone else working for an employer, whether paid or unpaid. The proposed rule would also require employers to rescind existing noncompetes and actively inform workers that these restrictions are no longer in effect.

Continue Reading FTC Proposes National Ban on Noncompete Clauses

Employers who utilize the Internal Revenue Service’s (IRS) standard mileage reimbursement rates should be aware that the IRS has updated its standard mileage rates, effective January 1, 2023. This update includes three types of rates, including the business use rate, which is now 65.5 cents per mile driven. This rate represents an increase of

In November 2022, the Los Angeles City Council passed the Fair Work Week Ordinance, which requires retail businesses in Los Angeles with 300 employees or more to follow certain scheduling restrictions. The ordinance applies to businesses in the North American Industry Classification System (NAICS) within the retail trade categories and subcategories 44 through 45. It covers employees who work at least two hours per workweek within the city of Los Angeles and are entitled to minimum wage under California law.

Continue Reading Los Angeles Fair Work Week Ordinance Imposes New Wage and Hour Requirements for Certain Retail Businesses

In October 2022, the Supreme Court of Virginia ruled that an individual cannot face personal liability as an “employer” under the Virginia Wage Payment Act (VWPA). The decision both clarifies Virginia law and serves as an important reminder for employers (and their managers and supervisors) that many states can impose personal liability on individuals for wage-and-hour claims.

Continue Reading Personal Liability for Wage Claims? Virginia Says ‘No,’ but Other States Say ‘Yes’

Each year, the California Department of Industrial Relations (DIR) updates the minimum pay requirements for certain exempt professions. This October, the DIR updated the 2023 rates for computer software employees and licensed physicians and surgeons. The new rates will go into effect on January 1, 2023, and reflect the 7.6% increase in the California Consumer

Governor Gavin Newsom signed California’s Senate Bill 1162, a pay transparency law aimed at identifying pay disparities based on gender, ethnicity, and race, on September 27, 2022. The bill expands employers’ obligations to report pay data and requires certain employers to disclose salary ranges for employees and positions available to applicants.

Continue Reading California Governor Signs New Pay Data and Salary Disclosure Bill