Labor & Employment Law Updates
The U.S. Department of Labor (“DOL”) announced its final overtime rule which updates the earnings thresholds necessary to exempt executive, administrative, or professional employees (“white collar exemptions”) from the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements.
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California employers must compensate employees for all regularly occurring but difficult to track, pre-shift and post-shift tasks that take just a few minutes to complete, under a recent Ninth Circuit Court of Appeals decision.
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The Colorado Court of Appeals recently held that an employer’s refusal to pay a terminated employee’s accrued but unused vacation time did not violate the Colorado Wage Claim Act (“CWCA”).
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Starting August 2, 2019, Colorado businesses that require or administer tip pools for employees must comply with new notice requirements. Colorado businesses that pool tips previously were required to post a conspicuous notice on a printed card stating that tips given to employees belonged to the employer, rather than the employee.
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The Colorado Supreme Court has ruled that the Colorado Wage Act’s (the “Wage Act”) two- and three-year statutes of limitations do apply to claims brought by employees to recover unpaid wages and compensation upon termination. In Hernandez v. Ray Domenico Farms, Inc., several hourly agricultural workers sued their former employer for allegedly unpaid wages going back over the entire period of their employment (which in some cases spanned more than 20 years). The Supreme Court held as follows:
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