Recent Developments in Wage and Hour Laws – United States Presented by Marcus J. Lee

Increased Minimum Wage and Overtime Federal California San Francisco Fair Labor Standards Act Minimum Wage: $7.25 (2009) Matching states: 16 + PR (ex. AK, KS) No MW: 5 (ex. AL, TN) 40 hours per workweek 1.5 x “regular rate of pay” Bonuses Tips do not count California Labor Code Greater than FLSA: 29 States + DC, VI CA: $12 DC: $14 Increases: $1 annually up to $15 8 hours per workday 7th consecutive day San Francisco Administrative Code Minimum Wage: $15.59 / hour Increases: Consumer Price Index

Meal and Rest Breaks Federal California New York Fair Labor Standards Act No meal or rest break requirement. California Labor Code Meal breaks: 30 minutes every 5 hours Rest breaks: 10 minutes every 4 hours “or major fraction thereof” – Brinker On-duty and on-call rest periods are not permissible. – Augustus New York Labor Standards Depends on industry: Factory employees: 1 hour between 11am – 2pm Mercantile: 30 minutes between 11am – 2pm Other: 20 minute meal break No rest breaks.

Misclassification Federal California U.S. Department of Labor opinion letter: gig economy workers are independent contractors The nature and degree of control The permanency of the worker's relationship Worker's investment in facilities, equipment, helpers Skill, initiative, judgment or foresight required Worker's opportunities for profit or loss. Extent of workers’ integration into the potential employer's business. Dynamex (2018) (A) Worker is free from direction and control, both under the contract and in fact; and (B) Worker performs work that is outside the usual course of the hiring entity’s business; and (C) Worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

Other Latest Employment Law Developments Federal California Upcoming potential changes: March 7, 2019: Increased overtime threshold ($23,660 to $35,308) Impact: 1 million American workers March 28, 2019: “regular rate of pay” to exclude unused paid leave, wellness programs, gym/fitness classes, etc 2 hour anti-harassment training Designated lactation space “Ban The Box” Cannot ask job applicants for salary history information Gig Economy (Dynamex)