October 2024

State Updates

 

Ninth Circuit Rejects U.S. Department of Labor’s Interpretation of “Dual Jobs” for Tipped Employees

11/02/17

Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit, in Marsh v. J. Alexander’s, LLC, held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing non-tip generating duties.
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (11058)/Comments (0)/

December 1st is the Deadline for Electronic Submission of Injury and Illness Records to OSHA

11/02/17

December 1, 2017 is the proposed deadline for affected employers to electronically submit injury and illness records to the Occupational Safety and Health Administration (OSHA). OSHA may still change the requirements in the final rule; however, affected employers should prepare to meet the proposed deadline. OSHA has set up a website, called the Injury Tracking Application (ITA), for affected employers to electronically submit their data.
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (9451)/Comments (0)/

State-wide Ban on Salary History Inquires Enacted in California

11/02/17

California continues its expansion of equal pay protections with the enactment of Assembly Bill 168, which prohibits employers from seeking, considering, and relying on an applicant’s salary history when determining whether to offer employment to an applicant or what salary to offer. 
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (7375)/Comments (0)/
Categories: California

California Provides Protections for Immigrant Employees

11/02/17

California became the first state to explicitly affirm the rights of immigrant workers through the passage of a provision that imposes an affirmative obligation on California employers to provide employees notification that the United States Immigration and Customs Enforcement agency has determined they are lacking work authorization. 
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (7414)/Comments (0)/
Categories: California

California Releases 2018 Minimum Compensation Thresholds for Computer Software Professionals and Licensed Physicians and Surgeons

11/02/17

Effective January 1, 2018, in order to take advantage of the overtime pay exemptions, California employers must pay computer software professionals a minimum of $43.58 per hour or $90,790.07 annually and licensed physicians and surgeons a minimum of $79.39 per hour. 
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (7266)/Comments (0)/
Categories: California

Amendment Regulation Governing Payment of Wages to Home Health Aides Issued in New York

11/02/17

The New York State Department of Labor recently amended its Minimum Wage Order for Miscellaneous Industries and Occupations to state that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more consistent with federal Fair Labor Standards Act regulations.
Tuesday, October 31, 2017/Author: Andaika Jean-Noel/Number of views (6641)/Comments (0)/
Categories: New York

Recent State Updates

 

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