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Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit, in Marsh v. J. Alexander’s, LLC, has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing non-tip generating duties.

December 1, 2017 is the proposed deadline for affected employers to electronically submit injury and illness records to the Occupational Safety and Health Administration (OSHA). OSHA may still change the requirements in the final rule; however, affected employers should prepare to meet the proposed deadline. OSHA has set up a website, called the Injury Tracking Application (ITA), for affected employers to electronically submit their data.

California continues its expansion of equal pay protections with the enactment of Assembly Bill 168, which prohibits employers from seeking, considering, and relying on an applicant’s salary history when determining whether to offer employment to an applicant or what salary to offer. 

California became the first state to explicitly affirm the rights of immigrant workers through the passage of a provision that imposes an affirmative obligation on California employers to provide employees notification that the United States Immigration and Customs Enforcement agency has determined they are lacking work authorization. 

Effective January 1, 2018, in order to take advantage of the overtime pay exemptions, California employers must pay computer software professionals a minimum of $43.58 per hour or $90,790.07 annually and licensed physicians and surgeons a minimum of $79.39 per hour. 

The New York State Department of Labor recently amended its Minimum Wage Order for Miscellaneous Industries and Occupations to state that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more consistent with federal Fair Labor Standards Act regulations.