What is happening in the wage and hour space that should command employers’ attention?

With all of the rapid changes in the workplace we have experienced lately, what is happening in the wage and hour space that should command our attention?

A lot. In the Pacific Northwest, there’s been intense activity from California plaintiffs’ firms filing wage and-hour class actions. In fact, Washington State is viewed as the next high exposure target for meal and rest break claims. But that’s not limited to Washington State.

Beyond Washington, approximately 20 states have adopted meal or rest break requirements, and the patchwork of inconsistent state laws keeps getting more complex - with Minnesota creating new requirements and penalties just this year.

So, employers now need more than just a California supplement to their national wage and hour compliance strategy. Today, they need intentional, state by state review and analysis. And that’s not all. We are seeing a surge of off-the-clock lawsuits. Many state courts have rejected the Portal-to-Portal Act under state law, opening the door to claims that pre-shift activities are compensable—even time walking to the time clock. Even under the FLSA, plaintiffs are flooding the courts with claims that computer boot-up time must be paid and are challenging rounding practices that have been used for decades.

And pay transparency laws are expanding rapidly. About 20 jurisdictions now require some form of pay range disclosure. And after seeing hundreds of these class actions in Washington alone over the past three years—costing employers millions—companies need to be mindful of these requirements before posting jobs anywhere.

So, there’s a lot going on in this wage and hour space and employers should be encouraged to pay heightened attention to the rapid changes and national complexity. To keep up to date to these changes, and for help with navigating them, please reach out to us at Littler.com.