Red States, Hospitality Groups Ask 5th Circ. To Block Tip Rule

About a half-dozen Republican-led states and a group of hospitality organizations have urged the Fifth Circuit to halt the USDOL’s rule change defining how tipped and nontipped work should be paid, arguing that the change will cause considerable compliance problems.

OFCCP Portal Registration

On February 1, 2022, the OFFCP launched the Contractor Portal. Federal contractors and subcontractors are now required to annually certify if they are in compliance with AAP obligations.

Note that contractors with at least 50 employees and at least one contract worth $50,000 or more must have an AAP and certify same on the Portal. Pursuant to VEVRAA, contractors and subcontractors with at least 50 employees and a contract worth $150,000+ or more must have an AAP and certify same.

The deadline to certify compliance on the Portal is June 30, 2022; however, contractors are not required to submit their AAPs through the Portal.

IL Equal Pay Act Amended

IL has amended its Equal Pay Act (IEPA) requiring companies with 100 or more employees in Illinois to obtain an equal pay registration certificate from the Illinois DOL.

To assist with this rather confusing law and requirement, the IL DOL has published FAQs and proposed regulations are supposed to be released very soon.

DOL Challenging IC Rule

The Department of Labor is appealing a federal court’s decision that would make it easier for independent financial advisors to be classified as independent contractors.

The notice follows a March decision in Texas federal court that reinstated a Trump-era rule that cleared the way for some workers (including independent advisors) to choose to be employed as independent contractors.

In March 2021, President Joe Biden’s labor secretary, Marty Walsh, withdrew that rule, arguing it ran afoul of the Fair Labor Standards Act.

CA Min Wage to Increase

As announced on May 12, 2022, California’s minimum wage is projected to increase to $15.50 per hour for all workers beginning on January 1, 2023.

CA Board Position Requirement Struck Down

After trial, a California state court judge found that a state law requiring publicly held corporations to place a minimum number of women on their boards violates the State’s constitution, finding the law runs violates the equal protection clause prohibiting sex discrimination.

Gordon M. Berger Partner 

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