Wage & Hour

Expert Analysis

• Independent Contractor Laws Are Ignoring Economy's Evolution

  

  Over the last year, federal and state approaches to independent contractor classification have demonstrated an inability to adjust to changes in the economy — save for a 12-factor test proposed in New York City, which would have balanced gig economy prosperity and worker protections, say attorneys at Greenberg Traurig.

• How To Navigate New State Pay Transparency Laws In 2023

  

  A recent wave of state pay transparency laws has confused many employers about how to recruit across state lines, so companies may consider overhauling recruiting practices, standardizing job postings and including hourly wage or salary ranges for all positions, say Sara Higgins and Michael Ryan at Foley & Lardner.

• Wage Transparency Laws Create Labor Cert. Hurdles

  

  A business-as-usual approach to labor certification amid the influx of new wage transparency laws in different jurisdictions is untenable, especially for employers with liberal remote work options and locations in numerous states, say Eleanor Pelta and Whitney Lohr at Morgan Lewis.

• Key Calif. Law Changes Employers Should Know This Year

  

  With many of the California employment laws passed last year already in effect, now is the time for companies to update their handbooks and policies regarding off-work cannabis use, reproductive health protections, pay data reporting and more, say Lisa Reimbold and Monique Eginli at Clark Hill.

• Top 10 Employer Resolutions For 2023

  

  A recent wave of pivotal judicial, legislative and executive actions has placed an even greater responsibility on employers to reevaluate existing protocols, examine fundamental aspects of culture and employee relations, and update policies and guidelines to ensure continued compliance with the law, say Allegra Lawrence-Hardy and Bria Stephens at Lawrence & Bundy.

• Preparing For Potential Changes To DOL's Overtime Rules

  

  While the U.S. Department of Labor is still reviewing employer exemptions from Fair Labor Standards Act wage and overtime requirements, and it is difficult to predict changes the department may ultimately propose, there are a few steps that employers can take now, say Juan Enjamio and Daniel Butler at Hunton.

• Cost-Splitting Arbitration Clauses Threaten Workers' Rights

  

  A recent Law360 guest article offered employers a guide to enforcing cost-splitting arbitration provisions in employment contracts but failed to recognize that these steps deter employees from asserting statutory claims for employment law violations, says Hugh Baran at Kakalec Law.

• Pa.'s Changing Employment Laws In 2022 And Beyond

  

  With pandemic concerns no longer drowning out other topics in Pennsylvania employment law, 2022 instead saw a variety of worker-friendly changes introduced at the state and local levels, a trend that may continue to grow in 2023 under Gov.-elect Josh Shapiro, say J.T. Holt and Claire Throckmorton at Reed Smith.

• Musician Classification Pointers For Wash. Hospitality Cos.

  

  Following a recent increase in audits by the Washington State Employment Security Department concerning hospitality employers’ classification of musical performers, businesses are strongly encouraged to assess state law requirements governing their relationship with hired talent and ensure written contracts are in place, say Emily Bushaw and Shannon McDermott at Perkins Coie.

• Employer Ramifications From Wash. Prevailing Wage Ruling

  

  After the Washington Supreme Court's recent ruling in Associated General Contractors v. Washington that altered how prevailing wage rates are set, employers of public works projects can expect to see higher wage rates for their employees, say Cassidy Ingram and Brett Hill at Ahlers Cressman.

• In 2023, Pursue The 'Why' Behind Employment Compliance

  

  As employers approach new compliance requirements that will take effect on Jan.1, considering why these laws and regulations were put in place — rather than what must be done to satisfy them — can open greater opportunities to move ahead of the curve and align actions with company values and culture, says Christopher Ward at Foley & Lardner.

• Employee Pay Takeaways From Computer Startup Time Ruling

  

  The Ninth Circuit’s recent ruling in Cadena v. Customer Connexx, which held that time spent booting up laptops is compensable, is a reminder of how the continuous workday rule affects employee pay and provides insight on whether other types of tasks are integral and indispensable, say attorneys at Husch Blackwell.

• IRS Starts Clock On Energy Projects' Labor Rule Exemption

  

  A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.