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

2. 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

3. 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.

4. 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.

5. 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)