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From coast to coast, new states are passing laws that require employers to implement clear pay transparency policies, such as providing specific salary ranges in their job postings. These laws are an expansion of the federal Equal Pay Act – which requires equal pay for equal work among similarly...

On May 13, 2022, Governor J.B. Pritzker signed Senate Bill 3146, amending the Illinois “One Day Rest in Seven” Act into law. Shortly after, Governor Pritzker signed into law Senate Bill 3120, the Family Bereavement Leave Act, which amends the Child Bereavement Leave Act. Illinois employers should be...

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage obligations if an employee regularly receives tips. This is referred to as a "tip...

On May 25, 2021, the Illinois legislature passed an amendment to the Illinois Wage Payment and Collection Act that more than doubles the possible damages an employee can be awarded for a wage violation.

In 2019, we saw significant activity in state legislatures passing employment-related laws in areas where federal government efforts had stalled, like paid sick leave, non-compete agreements and workplace discrimination. Another important area where states took action concerns the raising of minimum...

On November 20, 2019, the Commonwealth’s highest court issued a significant decision regarding overtime compensation, which makes it illegal for employers to use the "fluctuating work week" method ("FWW") to calculate overtime. In this significant departure from longstanding wage and hour practices...

The Pennsylvania Senate passed Senate Bill 79 on November 20, 2019, which would raise the minimum wage but also halt the state Department of Labor and Industry ("DLI") from raising the salary threshold for overtime wages. The bill, which still needs to pass the house and be signed by the governor...

On September 24, 2019, the U.S. Department of Labor ("DOL") revised the salary threshold for the Fair Labor Standards Act ("FLSA") exemptions. The change could cause millions of Americans to be reclassified as non-exempt. The FLSA requires employers to pay overtime wages for all time worked in...

On October 8, 2019, the Department of Labor ("DOL") issued long awaited rules that could have a significant impact in the restaurant industry. The proposed rules would broaden employers' abilities pay tip credit wages for non-tipped work and to include both front and back of the house employees in...

On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the Controlled Substances Act, the FLSA’s protections to do not apply to its...

On March 28, 2019, the General Assembly overrode the gubernatorial veto to enact the Minimum Wage Act, which raises Maryland’s minimum hourly wage to $15.00 by 2025. Maryland now becomes the sixth state to enact a $15.00 hourly minimum wage. It is estimated that around 570,000 Maryland workers...

On February 19, 2019, the Massachusetts Supreme Judicial Court ("SJC") held that two employees asserting claims under the Massachusetts Wage Act ("Wage Act") were entitled to recover attorneys' fees from their former employer where the parties entered into a private settlement. See Ferman v. Sturgis...

On Monday, February 4, 2019, New Jersey Governor Phil Murphy signed into law a bill that gradually raises the minimum wage to $15 over the next five years. The bill raises the current $8.85 minimum wage to $10 an hour on July 1st, $11 an hour on January 1, 2020, and then increases by $1 every...

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