In February 2022, the United States District Court for the Eastern District of California denied defendant park operators’ motion to dismiss in part, finding that plaintiffs adequately pleaded joint defender liability along with their claims for meal and rest break violations, but granted without leave to amend plaintiffs’ claims for minimum and overtime wages and inaccurate wage statements. Plaintiffs’ second amended complaint alleges, among other things, that the “spread-out structure” of defendants’ facilities and the “practice of understaffing these facilities” impeded plaintiffs from taking rest breaks, that defendants did not schedule sufficient employees to relieve nonexempt employees during their meal and rest breaks, and that plaintiffs “often” worked overtime hours, but were not paid for all overtime hours worked.
Continue Reading Eastern District of California Finds Joint Employer Liability Sufficiently Alleged and Permits Meal and Rest Break Claims to Proceed

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.


Continue Reading Department of Labor Announces Initiative to Monitor Warehouse and Logistics Worker Pay

On January 20, 2022, members of the California Assembly voted 43-13 to approve amendments to Assembly Bill 257, which seeks to enact the Fast Food Accountability and Standards Recovery Act (known as the “FAST Recovery Act”). Initially introduced on January 15, 2021, AB 257 would establish a Fast Food Sector Council (“Council”) charged with establishing sectorwide “minimum standards on wages, working hours, and other working conditions related to the health, safety, and welfare of, and supplying the necessary cost of proper living to, fast food restaurant workers, as well as effecting interagency coordination and prompt agency responses in this regard.”
Continue Reading California Assembly Amends FAST Recovery Act Proposal

While President Biden’s vaccine mandate wends its way through the courts, another of the administration’s early initiatives impacting federal contractors is set to go into effect early next year.

On November 22, 2021, the Department of Labor (DOL) published its Final Rule implementing Executive Order 14026, which raises the minimum wage requirement for anyone working “on or in connection with” a covered federal contract from $10.95 to $15.00 per hour. The new minimum will also increase annually, starting January 1, 2023, to an amount determined by the Secretary of Labor based on inflation. The published rule explains that employees perform “on” a contract if they directly perform the specific services called for by the contract and perform “in connection with” a contract if their work activities are otherwise necessary to the performance of the contract. Employees performing “in connection with” covered contracts are excluded from coverage if they spend less than 20% of their work hours in a particular workweek doing covered work.
Continue Reading Minimum Wage Increases to $15 for Federal Contractors Beginning January 30, 2022

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:

Effective Date 01.01.2022 07.01.2022 01.01.2023
Hotel Employees $17.64 Determined by Cost of Living Adjustment
Estimated to be: $18.31
No Change
Employers of 50 or More $15.50 $16.50 $17.50
Employers of Less than 50 $15.00 $16.00 $17.00


Continue Reading West Hollywood Establishes Citywide Minimum Wage and Guaranteed Leave Provisions

Clarification Regarding Tip Pool Participation for Managers and Supervisors

The U.S. Department of Labor (DOL) recently clarified the rules under which managers and supervisors can participate in a mandatory tip pool. In a final rule effective November 23, 2021, the DOL clarified that managers and supervisors are permitted to contribute tips to a mandatory tip

On September 27, 2021, California Governor Gavin Newsom signed Assembly Bill No. 1003 (AB 1003) into law. The purpose of AB 1003 is to make the intentional theft of wages punishable as grand theft under the California Penal Code and, therefore, a felony in California. Previously, violations of wage and gratuity provisions were classified as misdemeanors.
Continue Reading California Law Makes Intentional Wage Theft a Jailable Offense

In Port of Tacoma v. Sacks, the Court of Appeals of the State of Washington recently held that all out-of-town employee travel time is compensable under state law. The decision confirms the Washington State Department of Labor & Industries’ (L&I) interpretation that all travel time related to work is compensable, regardless of when it

In an unpublished opinion, the Ninth Circuit held that an employer is not required to pay employees for time spent undergoing government-required security checks enforced by a governmental body to access the worksite.

Continue Reading Ninth Circuit Says Time Spent in Airport Security Lines Is Not Compensable Work Time