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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Federal Contractor Minimum Wage Increase
The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly wage by $4.05 for all … Continue reading
California Supreme Court Rules That Dynamex ABC Test Applies Retroactively
On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as independent contractors, applies retroactively, thus … Continue reading
Posted in California, Independent Contractor
| Tagged California, Independent Contractor, Wages
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AZ Minimum Wage Increase – January 1, 2020
Arizona’s minimum wage is set to increase to $12.00 on January 1, 2020. The $1.00 increase is the largest jump under the schedule listed in A.R.S. § 23-363 pursuant to Proposition 206. On November 8, 2016, Arizona voters approved Proposition … Continue reading
Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
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Can California Payroll Companies Be Held Liable for Wage Statement Claims?
California law provides that a payroll service provider cannot be held liable for labor code violations – but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll … Continue reading
Posted in California, Labor, Pay
| Tagged California, Employees, Litigation, Wages
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Department of Labor Changes Course and Ends “80/20 Rule” for Tipped Employees
This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not … Continue reading
Every Minute Counts: Supreme Court Rules Employers Cannot “Skim” Minutes
On Thursday, the California Supreme Court held the federal Fair Labor Standards Act de minimis rule, which limits suits over small increments of unpaid time upon a showing that the bits of time are administratively difficult to record, does not … Continue reading
Posted in California, Class Action, FLSA, Pay
| Tagged California Labor Office, California Wage Order, De Minimus, Off The Clock, Rule, Shift, Skim Time, Unpaid Time, Wages
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Arbitration Agreement Contained in Employee Handbook and Signed During Pending Class Action Is Invalid
On April 20, 2018, the California Court of Appeal, in the case Nguyen v. Inter-Coast International Training, Inc., held that an arbitration agreement contained in an employee handbook was both procedurally and substantively unconscionable. In that case, after a wage … Continue reading
Posted in California, Class Action, Pay
| Tagged Agreement, Arbitration, California Court of Appeal, Employment Arbitration Agreements, Handbook, Policy, Unconscionable, Wage & Hour, Wage Discrimination, Wages
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Employers Cannot Use Salary History to Defend Against Equal Pay Claims
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, … Continue reading
Posted in Discrimination, Pay
| Tagged Equal Pay, Equal Pay Act of 1963, Ninth Circuit, Salary, Salary History, Wage & Hour, Wage Discrimination, Wage Gap, Wages
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Legal Alert: U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions
In this week’s L&E Legal Alert, Jennifer Yee and Josh Woodard take a deeper dive into the Encino Motorcars, LLC v. Navarro where the U.S. Supreme Court rejected the longstanding principle that courts construe FLSA exemptions narrowly and, instead, adopted … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Exempt, Exemption, Justice Thomas, Ninth Circuit, Overtime, SCOTUS, Wages
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