Wage and Hour Laws

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On June 14, 2021, the Colorado Supreme Court held that the Colorado Wage Claim Act (CWCA) requires Colorado employers to pay out employee vacation pay once earned—regardless of any relevant employment agreement or company policy. The court explained in Nieto v. Clark’s Market that, although employers are not required to offer their employees vacation pay,…

Last year, we discussed several major changes made to Virginia employment laws that provided new protections and rights to employees. Once again, another significant change will occur on July 1, 2021 when Virginia’s new Overtime Wage Act (HB 2063) takes effect. In large part, this new law follows the federal Fair Labor Standards Act (FLSA)’s overtime protections by requiring employers to pay time and half of the employee’s regular rate of pay to employees who work in excess of 40 hours in a workweek. However, in several key ways, the new Virginia law will expand Virginia employers’ potential exposure with respect to wage and hour claims.
Continue Reading Virginia’s new Overtime Wage Act increases potential exposure to Virginia employers for wage and hour claims

If your company has even one employee in Colorado, as of January 1, 2021, Colorado’s Equal Pay for Equal Work Act (EPEW) requires employers to notify employees within Colorado of all job postings and promotional opportunities, including those outside of Colorado. In some circumstances, the EPEW requires employers to provide compensation information relating to those postings and promotional opportunities. The law also imposes other requirements that are outlined briefly below.
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Continue Reading Colorado employers – are you providing required notices to your employees of all job postings and promotional opportunities?

On October 1, 2020, a new Maryland law related to compensation will:

  1. prohibit employers from requesting or relying on job applicants’ prior pay history to make decisions about employment or initial pay in most circumstances; and
  2. require an employer to provide an applicant, upon request, with the wage range for the job applied for.

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Virginia has substantially rewritten its employment laws to provide a number of new protections and rights to employees in the areas of employment discrimination, whistleblower protection, non-compete agreements, independent contractor classification, wage payment, and more. Most of these laws take effect on July 1, 2020, and employers must take action to prepare for them, including updating employment policies and practices, providing certain notices to employees, ensuring non-compete agreements are not being provided to employees earning less than the average wage in Virginia, updating pay stubs, and generally understanding new exposures and risks.
Continue Reading Major changes coming to Virginia employment laws on July 1, 2020; prepare now with this employer checklist

As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the Commonwealth of Virginia in 2019, as well as upcoming changes in 2020, including new personnel records disclosure and paystub requirements.

Employers …

As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the District of Columbia in 2019, as well as upcoming changes in 2020, including changes to paid family leave and minimum wages.…

The filing of class actions against California employers for meal and rest break violations remain as prevalent as ever, but the California Courts of Appeal have recently issued two rulings that may help employer-defendants.

Under California law, employers are required, under most circumstances, to provide employees duty-free meal periods of at least 30 minutes and…

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule that, effective January 1, 2020, will increase the salary threshold, by approximately 50%, that so-called “white collar” employees must be paid in order to be classified as “exempt” under the Fair Labor Standards Act (FLSA). Employees who do not meet the…