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Wage Discrimination & Unequal Pay: Navigating Federal and California Laws Posted on: July 26, 2021 In: Labor & Employment
Although it has been over 50 years since the enactment of the federal Equal Pay Act, closing the wage gap between men and women remains a focal point for state and federal legislatures alike, with varying degrees of success. Measures such as the Paycheck Fairness Act have been repeatedly introduced to the United States Congress (and have failed to advance as recently as last month). In contrast, California has pushed ahead in recent years with sweeping changes to its own version of the Equal Pay Act.
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Tags:
wage discrimination, equal pay, cepa, payroll, wage and hour, california
Colorado Supreme Court Holds Employees Cannot Forfeit Vacation Pay Offered By Employer Posted on: July 23, 2021 In: Labor & Employment
In the last year, Colorado has, not surprisingly, experienced a dramatic increase in employment-related laws, rules, and regulations. Most recently, in June 2021, the Colorado Supreme Court issued a long-awaited ruling in the Nieto v. Clark’s Market matter, which concerns the forfeiture of vacation pay under the Colorado Wage Claim Act (CWCA). The court held that employers cannot implement policies that require employees to forfeit vacation pay that’s already been earned, even if they contract otherwise.
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colorado, vacation pay, cwca, payroll, employee benefits
Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: Labor & Employment
Now that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
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Tags:
flsa, reimbursement, commuting, payroll, covid-19
Growing Nationwide Emphasis on Pay Transparency: What Employers Need to Know Posted on: July 20, 2021 In: Labor & Employment
Now, more than ever, employers are faced with a nationwide outcry for greater transparency around pay equity and pay transparency, both from employees and potential customers. The Biden Administration certainly echoes these sentiments, and has expressed a desire to pass new pay equity and transparency laws on the federal level. However, numerous states and local governments are not inclined to wait for the federal government to act and have instead begun to pass their own pay equity and transparency laws.
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Tags:
pay transparency, payroll, equal pay, maryland, colorado, connecticut, california
2021 California Labor & Employment Law Update / 캘리포니아 노동법 2021년 업데이트 Posted on: June 29, 2021 In: Labor & Employment
2021 has been busy so far with the enactment of many labor laws and regulations. This post, available in both English and Korean, discusses California's new labor and employment laws as well as California's COVID-19 supplemental paid sick leave.
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Tags:
california, minimum wage, cfra, payroll, paid leave, covid-19, korean
It Pays to Be Penny-Wise When Paying Final Paychecks Posted on: March 29, 2021 In: Labor & Employment
A Georgia man made national news recently when his former employer paid his final paycheck with a wheelbarrow full of oil-soaked pennies. While most employers stick to more conventional methods of payment, such as checks or direct deposit, even the most careful employer can get tripped up when an employment relationship ends. The federal Fair Labor Standards Act does not require employers to pay final paychecks immediately. Therefore, the laws vary considerably across the country.
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Tags:
payroll, final paycheck, flsa, wages
Recommendations for Navigating Personnel File & Payroll Record Requests Posted on: March 15, 2021 In: Labor & Employment
Plaintiffs’ attorneys often request an employee’s personnel file and payroll records to assess the strengths and weaknesses of their client’s case prior to filing a formal complaint. Often, they review the records to find additional violations, such as wage and hour violations. The California Labor Code provides employees the opportunity to request both their personnel file and their pay records. Failure to provide the requested documents timely can expose the employer to a penalty.
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Tags:
california, records requests, human resources, personnel files, payroll, labor law
Paid Family Leave Is Coming to Colorado - It May Not Be Long Before It Comes to Your State Posted on: March 09, 2021 In: Labor & Employment
On November 3, 2020, Colorado passed the Paid Family and Medical Leave Insurance Act. The Act will bring about a series of changes that will roll out year to year. The first occurs on January 1, 2023, when each employer must remit a payroll tax to the fund to provide for the benefits. Benefits will become available to employees beginning January 1, 2024. The Act provides Colorado employees with some coverage not seen in the similar federal program known as the Family Medical Leave Act.
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colorado, paid leave, family leave, medical leave, fmla, payroll
3 Things Employers Need to Know About Employee Classification: A Refresher Course Posted on: January 11, 2021 In: Labor & Employment
Congratulations! You and your business survived a global pandemic and one of the most challenging economic downturns in recent memory. The last year took a devastating toll on employees and business alike, and you may be looking to reconsider employee compensation and avoid litigation. As you look forward to bouncing back in 2021, here are three reminders for properly classifying employees.
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Tags:
employee classification, minimum salary, duties test, payroll, human resources
Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & Employment
On December 22, 2020, the Department of Labor (DOL) issued final rules for pooling tips among employees of hospitality businesses, an industry severely impacted by COVID-19. Where an employer provides the standard minimum wage, the final rule established by the DOL allows the employer to establish a tip pool that includes cooks, dishwashers, and other back-of-the-house employees who ordinarily are not permitted to share tips under the Fair Labor Standards Act.
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Tags:
dol, tips, minimum wage, hospitality, flsa, wage and hour, payroll
What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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Tags:
pennsylvania, overtime, wage and hour, flsa, payroll
California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
Employers in The Golden State should be aware of the new legal requirements that will impact their businesses starting next year. Big changes await businesses with California employees in 2021. On January 1, 2021, the minimum wage in California will increase. The wage increase will be dependent upon the number of persons employed by the employer.
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Tags:
california, minimum wage, payroll, employment law

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