Wage and Hour Archives - Page 2 of 10

Denver Revises Municipal Code to Increase Civil Penalties Related to Wage Theft Violations and Expands “Up the Chain” Liability

On Tuesday, January 10, 2023, Denver Mayor Michael Hancock signed Bill 22-1614 after it passed the Denver City Council the previous day by unanimous vote. With the Bill’s passage comes increased penalties and new requirements related to wage theft, specifically including joint liability for general contractors, effective upon publication.

Denver’s minimum wage ordinance imposes a current minimum wage of $17.29 per hour, and before Bill 22-1614 passed, the ordinance provided certain penalties for employers that did not pay their workers based on the designated minimum wage. Indeed, prior to the bill’s passing, Denver’s minimum wage ordinance allowed employees to file complaints to the City Auditor within one year of a violation and provided a private right of action for three years to employees to seek to recover unpaid wages plus 12% interest, $100 for each day the violation continued, and liquidated damages three times the amount of unpaid wages.

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Employers, It’s Happening! New York State Enacts Pay Transparency Law

On December 21, 2022, Governor Kathy Hochul signed Senate Bill S9427A (the NY Law), which requires covered employers to include salary or wage range—and the job description—in job postings. The NY Law will go into effect on September 17, 2023. New York joins a growing trend of wage transparency efforts by a number of states, counties and cities as a way to close the wage gap for women and workers of color. With New York, approximately 20 percent of the American population will live or work in a state requiring pay transparency.

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Busy Before the New Year: Three Recent NLRB Decisions That Will Impact Employers

Last week, the National Labor Relations Board (NLRB) continued its efforts to effectuate a strong national labor policy focused on advancing the organizational rights of workers and encouraging collective bargaining. Three recent decisions take aim at enhancing available remedies in unfair labor practice cases and facilitating organizing among smaller bargaining units.

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Mexico Employment Law Update: Vacation Days Must Increase Beginning January 1, 2023

Employers with a presence in Mexico should be aware of a recent change in Mexican employment law. Effective as of January 1, 2023, employees in Mexico will be entitled to more vacation days.

Employees with one to five years of seniority will enjoy six more days of vacation entitlement. Currently, the vacation entitlement for employees with one, two, three, four and five years of seniority is six, eight, 10, 12 and 14 days, respectively. The new legislation will require employers to raise those vacation-day tallies to 12, 14, 16, 18 and 20 days, respectively.

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New California Laws for 2023 and Beyond: What Employers Should Know

In 2022, California Gov. Gavin Newsom signed many laws impacting California employers. Some of the new laws became effective immediately and others, including some that were signed into law just weeks ago, take effect January 1, 2023, or later. These new laws address several topics, including supplemental paid sick leave, pay transparency, leaves of absence and fast-food restaurant employment standards.

As a reminder, the minimum wage in California is increasing to $15.50 per hour on January 1, 2023, for all employers — regardless of the number of workers employed by an employer. Also, many cities and local governments in California have enacted minimum wage ordinances exceeding the state minimum wage.

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What All Employers Can Learn From Most Recent Railway Dispute

On September 15, 2022, railroad companies and unions representing railway workers reached a tentative agreement to potentially prevent a strike that would have caused significant harm to the American supply chain and economy. While the unions’ membership must still ratify the agreement, the unions agreed not to strike during that process. Ratification votes will occur over the next 45 to 60 days. If any union does not ratify the agreement, then it may have the right to strike.

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