The California Court of Appeals has ruled that employees who are paid solely on a commission basis must receive separate compensation for rest breaks. What this means is that even if commission employees are paid advances or draws against future commissions, they must still be paid separate compensation for rest periods and non-productive time.   

A Multnomah County Circuit Judge has ruled that, contrary to the Oregon Bureau of Labor and Industries’ (BOLI) recent interpretation of the overtime rules, employees working in mills, factories, and manufacturing establishments are entitled only to the greater of daily or weekly overtime pay in a workweek, not both.  This means, for now, you can continue paying affected employees the greater of the daily or weekly overtime owed.

On January 1, 2017, the Arizona minimum wage rate began a series of scheduled tiered increases with an initial rate increase from $8.05 per hour to $10.00 per hour.  The Industrial Commission of Arizona recently released a list of frequently asked questions in which they explain that small businesses that (1) make less than $500,000 in gross annual income and (2) are exempt from payment of the federal minimum wage because neither their employees nor the enterprise engage in interstate commerce, are exempt from complying with the Arizona minimum wage requirements.

The New York State Department of Labor has adopted regulations implementing the previously enacted state law limiting an employer’s ability to restrict an employee’s discussion about his/her wages.

As of March 13, 2017, certain San Jose, California employers must offer additional work hours to existing qualified employees before hiring new employees, subcontractors, or temporary staffing and must prominently post a notice informing employees of their rights under the Opportunity to Work Ordinance (Ordinance).  

California is the first state in the nation to propose and enact standards specifically aimed at protecting health care workers against workplace violence.  Under the rules, all California employers operating health care facilities, home health care programs, drug treatment programs, emergency medical services, and outpatient medical services for correctional and detention settings must: (1) establish, implement, and maintain an effective workplace violence prevention plan; (2) provide training to address workplace violence risks that employees are reasonably anticipated to encounter in their jobs; (3) report violent incidents to the Division of California Health and Safety (Cal/OSHA) within specified timeframes; and (4) comply with increased recordkeeping requirements.

Effective January 1, 2017, the Village of Ostrander, Ohio, has enacted a 1.00% municipal income tax on both residents and non-residents working in the village TS Code# 0754/0756.  

On May 23, 2017, the City of Philadelphia becomes one of the rare jurisdictions to prohibit employers from asking about or relying on—subject to limited exceptions-- a prospective employee’s wage history in setting employee compensation and benefits.