Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit, in Marsh v. J. Alexander’s, LLC, has held invalid the United States Department of Labor “80/20” tip credit rule, or “20% Rule,” which limits the ...

On October 12, 2017, California became the fourth state to outlaw inquiries into an individual’s salary history.  Assembly Bill 168 (AB 168), which takes effect on January 1, 2018, will apply to all employers, including state and local governments.   The new law continues the ...

The New York State Department of Labor (NYDOL) recently issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (Wage Order) in response to recent court decisions finding that non-residential 24-hour home care attendants, also referred to as aides, must be paid ...

On October 5, 2017, California Governor Jerry Brown signed 11 bills, making California a sanctuary state. The Immigrant Worker Protection Act  (IWPA) is one of the 11 bill signed, and it is the most relevant to employers.   With the signing of the IWPA, California became the first ...

According to the Supreme Court of Minnesota, discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA).  In Burt v. Rackner, Inc., the plaintiff, who was employed as a bartender, was told that he needed to give more of his tips to the ...

San Francisco Mayor Ed Lee signed the “Lactation in the Workplace Ordinance” (“Ordinance”), increasing protections for nursing mothers working in San Francisco. The Ordinance becomes effective January 1, 2018, and it applies to anyone employed within the “geographic ...

The Massachusetts Fair Employment Practices Act  has been amended to expressly identify pregnancy “or any condition related to the employee’s pregnancy, including, but not limited to, lactation or the need to express breast milk for a nursing child,” as a protected ...

In Secretary, U.S. Dep’t of Labor v. American Future Systems, Inc., the United States Department of Labor (DOL) brought suit against the employer for violating the regulation that  states that “[r]est periods of short duration, running from 5 minutes to 20 minutes . . . are ...

At ADP® we love getting feedback from clients like you and using it to continually make your experience better.  That’s why we are pleased to announce the following enhancements to ADP® Workforce Now® (WFN) effective November 11, 2017. Release Highlights Payroll – ...

As a reminder, the wage and hour Center of Excellence (COE) is still fully operational to assist you with you wage and hour questions (Including FLSA) or credentialing into Navigator OT (Exempt vs. Non-Exempt Analysis tool). The COE can be reached by email ...