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News and Information

Colorado - New Colorado Minimum Wage Order

New Colorado Minimum Pay Standards Rule On January 22, 2020, the Colorado Department of Labor and Employment’s Division of Labor Standards and Statistics adopted as final the Colorado Overtime and Minimum Pay Standards Order #36 to replace its former order. Some significant changes made to the overtime and minimum wage standards by Order #36 are that: It applies to all industries;  It raises the minimum salary requi ...Read More..

New Jersey - Misclassification Notice

On January 20, 2020, New Jersey Governor Phil Murphy signed legislation (A.B. 5843) requiring employers to post a notice for their employees regarding employee misclassification. This notice must be conspicuously posted in an accessible location in all workplaces and contain the following: The prohibition against employers misclassifying employees; The standard that is applied by the New Jersey Department of Labor and Workforce Developmen ...Read More..

New Jersey - Organ and Bone Marrow Donation

On January 21, 2020, New Jersey Governor Phil Murphy signed legislation (A.B. 1449) amending the state’s temporary disability benefit law to provide an express guarantee of job security for an individual who is unable to work during a period of disability due to donating an organ or bone marrow. For such donation purposes, the law also eliminates the one-week waiting period for the payment of temporary disability benefits. The law is effective May 20, 2020. Read  ...Read More..

Federal - DOL Final Rule for Regular Rate of Pay Enacted

The U.S. Department of Labor’s Regular Rate of Pay Under the Federal Fair Labor Standards Act Final Rule took effect on January 15, 2020. The Fair Labor Standards Act (FLSA) requires that covered, nonexempt employees receive overtime pay of at least one and one-half times their regular rate of pay for any hours worked in excess of 40 hours per workweek. An employee’s regular rate includes all payment for employment, subject to eight exclusions outlined in § 7(e) of the ...Read More..

California - Independent Contractors AB 5 and Temporary Stop Continues

On January 13, 2020, U.S. District Court Judge Roger Benitez extended a temporary restraining order under California Trucking Association vs. Becerra (Case No. 3:18-cv-02458-BEN-BLM), barring enforcement of A.B. 5 for motor carriers operating in California. As applied to the motor carrier context, A.B. 5 provides a mandatory test for determining whether a person driving or hauling freight for another contracting person or entity is an independent contractor or an employee for all purposes und ...Read More..

Federal - Penalty Increases

On January 15, 2020, the U.S. Department of Labor published a final rule announcing an adjustment, per the Inflation Adjustment Act, to civil monetary penalties that it assesses under certain federal laws. Some of these increases are as follows: Employee Retirement Income Security Act (ERISA): Failure to furnish reports: $31 per plan year. Failure/refusal to properly file plan annual report: $2,233 per day. Failure to di ...Read More..

California - Court Extends AB 51 Temporary Stop

On December 30, 2019, U.S. District Judge Kimberly J. Mueller granted a temporary restraining order (TRO), which stopped California Assembly Bill 51 (A.B. 51) from taking effect on January 1, 2020. A.B ...Read More..

Connecticut - Failure to Pay and Gratuity Study

On January 6, 2020, Connecticut Governor Ned Lamont signed legislation (H.B. 7501c) regulating wage payment by clarifying that service employees who are paid less than the minimum fair wage or overtime wage to which they are entitled may, in a civil action against their employer, recover either: Twice the full amount of the minimum wage or overtime wage, less any amount actually paid to them by the employer, plus costs and reasonable attorney&rsqu ...Read More..

Federal - Joint Employer Final Rule

On January 12, 2020, the U.S. Department of Labor announced its final rule revising joint employer status under the Fair Labor Standards Act (FLSA) and adoption of a four-factor balancing test to determine joint employer status when another person benefits from an employee’s work. A joint employer situation occurs when an employee has two or more employers who are jointly and severally (separately) liable for wages due to the employee under the FLSA. Und ...Read More..

Federal - Federal Minimum Wage for Contractors Poster

In January 2020, the Federal Minimum Wage for Contractors poster was updated to reflect the minimum wage increase to $10.80 per hour that became effective on January 1, 2020. This minimum wage rate, established under Executive Order 13658, must be paid to workers performing work on or in connection with covered contracts. The poster also shows the rate, established January 1, 2019, for tipped employees performing work on or in connection with covered contracts, which is $7.55 per hou ...Read More..