The California Court of Appeals has ruled that employees who are paid solely on a commission basis must receive separate compensation for rest breaks. What this means is that even if commission employees are paid advances or draws against future commissions, they must still be paid separate compensation for rest periods and non-productive time.   

As of March 13, 2017, certain San Jose, California employers must offer additional work hours to existing qualified employees before hiring new employees, subcontractors, or temporary staffing and must prominently post a notice informing employees of their rights under the Opportunity to Work Ordinance (Ordinance).  

The New York State Department of Labor has adopted regulations implementing the previously enacted state law limiting an employer’s ability to restrict an employee’s discussion about his/her wages.

On January 1, 2017, the Arizona minimum wage rate began a series of scheduled tiered increases with an initial rate increase from $8.05 per hour to $10.00 per hour.  The Industrial Commission of Arizona recently released a list of frequently asked questions in which they explain that small businesses that (1) make less than $500,000 in gross annual income and (2) are exempt from payment of the federal minimum wage because neither their employees nor the enterprise engage in interstate commerce, are exempt from complying with the Arizona minimum wage requirements.

The Ninth Circuit Court of Appeals holds that employers who include a liability waiver in background check disclosure and consent forms provided to prospective employees willfully violate the Fair Credit Reporting Act.  This decision, while controlling in the Ninth Circuit, has greater implications for employers nationwide.  

The New York State Industrial Board of Appeals revoked the payroll debit card and direct deposit regulations, which were due to take effect on March 7, 2017.  Employers are not required to comply with the regulations.

On May 23, 2017, the City of Philadelphia becomes one of the rare jurisdictions to prohibit employers from asking about or relying on—subject to limited exceptions-- a prospective employee’s wage history in setting employee compensation and benefits.  

Effective January 1, 2017, the Village of Ostrander, Ohio, has enacted a 1.00% municipal income tax on both residents and non-residents working in the village TS Code# 0754/0756.  

California is the first state in the nation to propose and enact standards specifically aimed at protecting health care workers against workplace violence.  Under the rules, all California employers operating health care facilities, home health care programs, drug treatment programs, emergency medical services, and outpatient medical services for correctional and detention settings must: (1) establish, implement, and maintain an effective workplace violence prevention plan; (2) provide training to address workplace violence risks that employees are reasonably anticipated to encounter in their jobs; (3) report violent incidents to the Division of California Health and Safety (“Cal/OSHA”) within specified timeframes; and (4) comply with increased recordkeeping requirements.