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APPLIES TO All Employers with tipped WA employees |
EFFECTIVE March 6, 2019 |
QUESTIONS? Contact HR On-Call |
The Washington Department of Labor & Industries recently issued an administrative policy providing guidance on tips, gratuities, and service charges under the Washington Minimum Wage Act. Key portions of the policy include:
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APPLIES TO All Employers with CA Employees |
EFFECTIVE February 7, 2019 |
QUESTIONS? Contact HR On-Call |
In Goonewardene v. ADP, Inc., the California Supreme Court recently stated that a third-party payroll service provider could not be held liable for errors the service made in issuing paychecks to employees of the company it provides service to. There, an employee sued both her employer and ADP, its payroll processing service, for wage and hour violations, including failure to provide adequate documentation and records, wrongful termination, breach of contract, and negligence, among others. The former employee argued that she was a third-party beneficiary of the contract between ADP and her employer, and that ADP had been negligent in providing payroll services for her benefit.
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APPLIES TO All Employers with CA Employees |
EFFECTIVE January 1, 2019, unless noted otherwise |
QUESTIONS? Contact HR On-Call |
Governor Brown recently signed numerous employment-related bills, impacting various industries and employment practices; among these are a package of bills following the #MeToo movement. The below list summarizes some key bills.
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APPLIES TO Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR |
EFFECTIVE July 1, 2018 |
QUESTIONS? Contact HR On-Call |
Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July. Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.
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APPLIES TO All FLSA-Covered Employers |
EFFECTIVE Pending |
QUESTIONS? Contact HR On-Call |
On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program: the Payroll Audit Independent Determination (“PAID”) program. The PAID program’s primary objectives are to expedite resolution of wage and hour claims, improve employer FLSA compliance, and facilitate payment of back wages owed to employees. The PAID program will be administered by the DOL’s Wage and Hour Division (“WHD”) and will be implemented for a trial period of six months. At the end of the trial period, the WHD will evaluate the effectiveness of the program and determine if modifications are needed. The WHD has not yet announced when the program will start.
All FLSA-covered employers may voluntarily participate in the program, except those who are currently under investigation or engaged in litigation, acting in bad faith, or have committed repeat violations. The PAID program is intended to help employers self-identify and correct non-compliant federal pay practices, such as misclassification issues, off-the-clock work, and failure to pay minimum wage or overtime. The PAID program may not resolve wage and hour violations of state law. If compensation issues are identified and employees voluntarily agree to resolve and release the specific wage and hour claims, employers must pay 100% of back pay owed, and may avoid liquidated damages, civil monetary damages, attorney’s fees, and other costs associated with litigation.
Employers interested in the PAID program can learn about how the program works and sign up for e-mail updates by visiting the WHD’s webpage.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.
© 2018 ManagEase
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APPLIES TO All Employers |
EFFECTIVE February 15, 2018 |
QUESTIONS? Contact HR On-Call |
On January 11, 2018, the Internal Revenue Service (“IRS”) released Notice 1036, which updates the 2018 income tax withholding tables in accordance with the recently enacted tax reform legislation. Employers should begin using the 2018 withholding rates as soon as possible, but no later than February 15, 2018.
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APPLIES TO All Employers of IL Employees |
EFFECTIVE June 1, 2018 |
QUESTIONS? Contact HR On-Call |
The Responsible Job Creation Act (the “Act”) creates new obligations for staff agencies, including the requirement to place temporary workers into permanent positions, new notice requirements regarding work placements, changes to itemized wage statements, and more. The Act amends the Day and Temporary Labor Services Act and includes the following provisions:
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APPLIES TO All Employers with NY Employees |
EFFECTIVE February 16, 2017 |
QUESTIONS? Contact HR On-Call |
New York’s strict new debit card and direct deposit wage payment regulations, originally slated to go into effect March 7, 2017, have now been invalidated by the New York State Industrial Board of Appeals (“IBA”). The IBA stated that the regulations infringed on banking regulations that set bank fees, and that the New York State Department of Labor (“NYSDOL”) had overstepped its jurisdiction in applying these rules. The IBA also pointed to numerous similar bills introduced in the New York legislature over the years, citing the bills’ failure to come to fruition as a sign that the current regulations controlling wage payments are already satisfactory.
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APPLIES TO All Employers with CA Employees |
EFFECTIVE December 9, 2016 |
QUESTIONS? Contact HR On-Call |
The California Court of Appeals recently confirmed that employees may round timecard entries to the nearest tenth of an hour. In Silva v. See’s Candy Shop, Inc., a former employee brought a class action lawsuit challenging some of See’s timekeeping practices: rounding time card entries up or down to the nearest tenth (six minutes) of an hour, and a grace period in which employees could punch in or out up to 10 minutes before or after their scheduled shift, respectively. Employees were not to perform work during this grace period and were not paid for time spent punched in during the grace period. Rather, employees were intended to use such grace period time for personal activities.
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APPLIES TO Varies |
EFFECTIVE Varies |
QUESTIONS? Contact HR On-Call (888) 378-2456 |