On March 27, 2017, President Donald Trump officially completed the revocation of the Fair Pay and Safe Workplaces Executive Order.  Government contractors are no longer required to report violations of certain federal employment laws when bidding on contracts worth $500,000 or more and are no longer required to comply with the provision’s paycheck transparency rules.

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.

The Ninth Circuit Court of Appeals holds that employers who include a liability waiver in background check disclosure and consent forms provided to prospective employees willfully violate the Fair Credit Reporting Act.  This decision, while controlling in the Ninth Circuit, has greater implications for employers nationwide.  

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).