Blog: The Labor & Employment Law Blog

On February 22, 2023, the United States Supreme Court released its ruling in Helix Energy Solutions Group, Inc. vs. Hewitt, clarifying that employees who are paid a daily rate likely do not qualify for the executive exemption under the Fair Labor Standards Act (the “FLSA”).

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On February 9, 2023, the U.S. Department of Labor (“DOL”) issued  Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) to teleworking employees. This guidance provides valuable insight to employers on the DOL’s interpretation of various issues, including: (1) compensation of teleworking employees under the FLSA, (2) protections for nursing employees when working remotely, and (3) eligibility rules for teleworking employees under the FMLA. The purpose of the new guidance seems to be aimed at reminding employers that employees who telework remain covered by the protections of both the FLSA and the FMLA.

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On February 15, 2023, the Ninth Circuit Court of Appeals decided Chamber of Commerce v. Bonta and found that the Federal Arbitration Act (FAA) preempts California’s Assembly Bill 51 (AB 51).

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On January 24, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated resource document titled “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” explaining how the Americans with Disabilities Act (ADA) applies to job applicants and employees who are deaf or hard of hearing or have other hearing conditions.

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The PUMP Act

The PUMP Act, signed into law on December 29, 2022, is a new federal law applicable to employers with over 50 employees, that increases the requirements for employers of breastfeeding employees under the FLSA. It is important that employers ensure they are abiding both by this new federal law, and also by any parallel state law. California, for example, already had laws regarding requirements for breastfeeding employees (Cal. Lab. Code §§1030-1033), which apply to all employers, including employers with under 50 employees. For the most part, the PUMP Act simply brings the federal minimum standard to a similar base-line of protections.

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Just a friendly reminder to employers that OSHA requires most employers with 10 or more full-time employees to, among other things: a) keep a yearly log (Form 300) of reportable work-related injuries and illnesses; and b) post a summary of work-related injuries and illnesses (Form 300-A) each year.

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As we previously discussed here, beginning January 1, 2023, employers with at least 15 employees will be required to include a pay scale with any job posting. If employers use third-party services to post jobs, they will need to provide those third parties with the pay scale information so that it can be included in the job posting. While employers do not have to volunteer such information to existing employees without prompting, those employees are entitled to the same pay range for their own positions if requested. The requirement to provide pay ranges to existing employees upon request applies to all employers, regardless of size.  

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Background

In California, Wage Order 9-2001 applies to “all persons employed in the transportation industry,” including property-carrying commercial truck drivers. (Cal. Code Regs., Tit. 8, § 11090(1).) Under the order, an employee working more than five hours a day is entitled to a “meal period of not less than 30 minutes,” and an employee working more than 10 hours in a day is entitled to “a second meal period of not less than 30 minutes.” (Cal. Code Regs., Tit. 8, § 11090(11)(A),(B).). The Wage Order entitles employees to 10-minute rest breaks for every four hours worked throughout the day. (Cal. Code Regs., Tit. 8, § 11090(12)(A).)

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Effective January 1, 2023, California’s minimum wage rate increased to $15.50 per hour (from $15.00) for employers with 26 or more employees and $15.50 per hour (from $14.00) for employers with 25 or fewer employees. Thus, all employers, regardless of size, must pay a minimum wage of at least $15.50 beginning January 1^st. Minimum wage adjustments for 2024 and beyond will be made in relation to inflation, as required by California Labor Code section 1182.12, and determined by August 1^st of each year.

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