On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar industry of college sports. The plaintiffs were two former “student athletes” at the University of Pennsylvania (“Penn”) who participated on the women’s track and field team. … Continue Reading
On November 8, 2016, Washington voters approved Initiative 1433, amending certain sections of Washington’s wage and hour laws to impose two significant requirements on employers within the state: an increase in the minimum wage and mandatory paid sick leave.… Continue Reading
Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the location of the employer. The minimum wage will increase annually on July 1 of each year, … Continue Reading
On May 2, 2016, The U.S. Supreme Court declined to hear the legal challenge to the Seattle Minimum Wage Ordinance’s impact on Seattle franchisees (IFA v. Seattle–denial of cert). We have blogged about Seattle’s Minimum Wage Ordinance (“Ordinance”) before. The Ordinance requires large businesses, defined as those with more than 500 employees, to raise the minimum … Continue Reading
In Oregon Rest. & Lodging Ass’n v. Perez, the Ninth Circuit ruled this week that federal law restricts a restaurant employer from maintaining a tip pool that includes “back-of-the-house” employees and requires directly tipped employees to share their tips, regardless of whether a tip credit is taken and employees are paid at least minimum wage. … Continue Reading
Joining over a dozen other California cities that have adopted or are considering adopting a local minimum wage, the Sacramento City Council has voted to approve an ordinance that will raise the City’s minimum wage. Under the ordinance, the minimum wage in Sacramento will increase to $10.50 by 2017, $11.00 by 2018, $11.75 by 2019, … Continue Reading
Coming to a store or restaurant near you soon! Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay http://t.co/Y4yThJ1K2g — Barack Obama (@BarackObama) June 30, 2015 To be exempt from minimum wage and overtime requirements, currently a worker must perform certain duties … Continue Reading
It’s that time of year again, here’s our post from last year from Matt Durham on this perennial summer concern for employers . . . Certain things have become the recognizable signs of spring. Budding leaves. Flowers. Chirping birds. And summer intern resumes. Especially during a slow or recovering economy, HR professionals are likely to … Continue Reading
The Oregon Bureau of Labor and Industries recently announced that Oregon’s minimum wage will increase by ten cents to $8.50 an hour effective January 1, 2011. Oregon’s minimum wage has been $8.40 an hour since January 1, 2009. Click here to read Labor Commissioner Brad Avakian’s press release on the minimum wage increase. As a … Continue Reading
Wow, it’s Festivus already, which means that in just a few short days it will be a brand new year! We have a Festivus present for Oregon employers to help you get ready: Ten things you need to know for 2010! (click on each blue hotlink for more information) All Oregon employers are required to post the SB … Continue Reading
Washington’s minimum wage will remain $8.55 per hour in 2010, the Washington State Department of Labor and Industries (L&I) announced this week. Click here to view L&I’s press release on the 2010 Washington minimum wage. L&I recalculates the state’s minimum wage each year as required by Initiative 688, which requires that the minimum wage be increased … Continue Reading
Oregon’s minimum wage will remain $8.40 per hour in 2010, Labor Commissioner Brad Avakian announced last week. Oregon’s minimum wage is tied to the Consumer Price Index, and is recalculated by the Labor Commissioner every September. This year, however, the CPI declined 1.5 percent, so Oregon’s minimum wage workers will not receive a raise next year. Click here … Continue Reading
A recent Oregon Court of Appeals case, Rogers v. RGIS, LLP, presents an opportunity for employers. In Rogers, the court awarded an employer a whopping $180,854.09 in attorney fees. The plaintiff brought one lawsuit but several wage and hour claims (overtime, minimum wage, late payment of final wages, unpaid wages for rest and meal breaks). … Continue Reading
If you pay your employees minimum wage, prepare to give them a raise effective today: the federal minimum wage increases to $7.25 per hour, effective July 24. Of course, you may live in a state that has a higher minimum wage; in that case, employers are obligated to pay the higher of the two wages. … Continue Reading
The recently proposed Living American Wage Act (LAW) would tie the federal minimum wage to the federal poverty threshold for a family of two with one child. Introduced last week by Rep. Al Green (D-Texas), LAW would index the minimum wage to 15 percent above the poverty line for a full-time worker, or about $8.20 per … Continue Reading
A portend of things to come in federal wage enforcment? Yesterday, a group of New York car washes have agreed to pay over one thousand current and former employees a total of $3.4 million to settle a lawsuit filed by the Department of Labor (DOL) alleging violations of the Fair Labor Standards Act (FLSA). Click here to read the consent decree in … Continue Reading
Employers take note: the federal minimum wage increases to $7.25 per hour effective July 24, 2009. For more information, check out the Department of Labor’s Fair Labor Standards Act site. Of course, many states also have minimum wage laws, an where an employee is subject to both state and federal minimum wage laws, the employee is entitled … Continue Reading
Every now and then we need a reminder to illustrate the dangers of misclassifying employees as "independent contractors." Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors. Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino. In Playground, the employer required … Continue Reading
Nevada’s minimum wage will increase effective July 1, 2009, pursuant to state law that requires the Nevada Labor Commissioner to adjust the minimum wage to reflect increases in the cost of living. The minimum wage for employees who receive qualified health benefits from their employers will increase from the current $5.85 per hour to $6.55 per hour, while … Continue Reading
Washington employers get ready to give your minimum-wage employees a raise: effective January 1, 2009, Washington’s minimum wage will increase to $8.55 per hour, allowing Washington to maintain the highest minimum wage in the country. For more information, click here to read the Department of Labor and Industries’ Press Release. Washington’s current minimum wage is … Continue Reading
Cosmetology teachers, but not day care teachers, are exempt from the Fair Labor Standards Act‘s (FLSA’s) overtime and minimum wage rules, according to two recent opinion letters from the Department of Labor. The FLSA contains an exemption for professional employees, including any “teacher in elementary or secondary schools.” Cosmetology teachers qualify for the exemption, according to the … Continue Reading
In case you missed it, Barack Obama will be the next President of the United States! And both houses of Congress will be controlled by Democratic majorities. Wondering what this will mean for labor and employment law? So are we! But we’ve gone a step further and made some educated guesses on what to watch … Continue Reading
The Oregon Bureau of Labor and Industries recently announced that Oregon’s minimum wage will increase from the current $7.95 an hour to $8.40 an hour effective January 1, 2009. For Oregon Labor Commissioner Brad Avakian’s press release, click here. As a result of Ballot Measure 25, passed by voters in 2002, the minimum wage is … Continue Reading
Effective today, July 24, the Federal Minimum Wage increases to $6.55 hour. This is the second of three increases provided for by the enactment of the Fair Minimum Wage Act of 2007. A third minimum wage increase to $7.25 per hour becomes effective on July 24, 2009. This increase does not affect most Western states, … Continue Reading
