Exempt Employees Must Be Paid $50,000 Annually By 2016 Under New Regulations From The U.S. Department of Labor

More than a year ago, President Barack Obama directed the Secretary of Labor to “modernize and streamline” the agency’s white collar exemption regulations under the federal Fair Labor Standard Act.  Today, the Department of Labor (DOL) announced it was proposing a new rule raising the minimum salary level to qualify for an exemption to the 40th percentile of weekly average earnings of full time salaried employees nationwide.  For 2013, this equates to $921 per week, or $47,892 per year.  For 2016, when the rule will likely go into effect, this will likely equate to $970 per week or $50,440 per year. Continue reading

Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor.  The case, which has been appealed to the Superior Court of California in San Francisco, will likely have far-reaching consequences for Uber and for other emerging technology companies. Continue reading

Changes Afoot To The Minimum Wage In California

Today, the Los Angeles City Council voted 13-1 to make the City the largest in the United States to have a minimum wage to $15/hour, a raise which will fully go into effect in 2020. Currently, the minimum wage is $9/hour and it will rise to $10.50/hour on July 1, 2016 for private employers with 25 or more employees (employers with fewer than 25 employees will have an extra year to comply). Continue reading

Supreme Court Opens The Door To More Religious Accommodation Claims

In a near-unanimous 7-page opinion, the U.S. Supreme Court held that employers need not have “actual knowledge” that an employee is requesting a modification of his position for religious purposes in order to be required to reasonably accommodate that request.  While the decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. was not terribly surprising, the Court’s broad consensus was.  Continue reading