By A. Scott Hecker and Ted North
Seyfarth Synopsis: On August 8, 2023, the U.S. Department of Labor (DOL) announced its final rule related to the Davis-Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.” However, the official final rule must be published in the Federal Register – likely by week’s end – before going into effect
Continue Reading Break out the Neon: ‘80s Era Davis-Bacon “Prevailing Wage” Definition Restored in DOL Final Rule
By A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue a
Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?
By Saman Haque and Sara Eber Fowler
Seyfarth Synopsis: The City of Chicago recently published a few guidance updates to the Chicago Fair Workweek Ordinance: (1) The City published its new annual Notice – effective July 1, 2023 – increasing the earnings threshold that defines a “covered” employee; and (2)issued new guidance regarding predictability pay exceptions for “mutual” schedule changes.
Continue Reading Unpacking the City of Chicago’s Most Recent Updates To Its Fair Workweek Ordinance
By Gillian B. Lepore, Sara Fowler, Megan P. Toth, Tracy M. Billows, and Joshua D. Seidman
Seyfarth Synopsis: A bill that would provide paid leave for all workers in Illinois is awaiting Governor Pritzker’s signature. If signed into law, the bill would provide up to 40 hours of paid leave for eligible employees, effective January
Continue Reading If Pain (Or Anything Else), Yes Gain—Part 104: Illinois to Become Third State to Enact Paid Leave Law
By Nick A. Lussier and Andrew M. McKinley
Seyfarth Synopsis: On October 13, 2022, the Supreme Court of Virginia analyzed whether individuals may be joint employers under Virginia’s Wage Payment Act. Answering in the negative, the Court held that the statute defined “employer” more narrowly than the FLSA, and thus extended joint employment liability only to entities, not individuals
Continue Reading Supreme Court of Virginia Refuses to Extend Joint Employer Liability to IndividualsBy Joseph Hadacek and Joshua A. Rodine
Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(e). Additionally, the prejudgment interest rate for violating these sections is seven percent. Naranjo v.
Continue Reading California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements