Wage and Hour Defense Blog

On July 1, 2026, new minimum wage rates will take effect in numerous localities nationwide. Many California employers—especially those in the health care sector—may need to adjust payroll settings, as statutory health care worker wage rates (explained in detail here and here) and many local rates will change at the year’s half-way mark.  Plus, one state and several cities and counties beyond the Golden State will likewise raise their minimum wage. Note that some locations mandate more than one rate, basing wage requirements on employer size, industry, or region. Employers should review these changes, set forth in the chart below, and ensure ongoing compliance.

Alaska employers should be aware that the state adjusts its minimum salary threshold for overtime exemption based on the minimum wage. Accordingly, the salary threshold will increase from $1,040 to $1,120 per week on July 1, 2026.

One more change comes later in the year: Florida’s minimum wage will increase from $14.00 to $15.00 on September 30, 2026.

Effective July 1, 2021, Virginia employers must ensure that their pay practices comply with a new stand-alone overtime law called the Virginia Overtime Wage Act (“VOWA”). VOWA largely tracks the federal Fair Labor Standards Act (“FLSA”) in that it incorporates most FLSA exemptions and requires employers to pay 1.5 times a nonexempt employee’s regular rate of pay for all hours worked in excess of 40 hours each workweek. However, VOWA and the FLSA differ in several ways.

Determining an Employee’s Regular Rate of Pay

VOWA’s most significant divergence from the FLSA ...

California law generally requires that non-exempt employees be paid 1.5 times their “regular rate of pay” for work performed beyond 40 hours in a week or 8 hours in a day – and twice their “regular rate of pay” for time worked in excess of 12 hours in day or beyond 8 hours on the seventh day of the workweek.

While “regular rate of pay” is not expressly defined in the California Labor Code, there should be few questions about what that rate is when an employee works at the same rate during the workweek.

But when an employee works at two (or more) different rates of pay during a single ...

The obligations of a district court to analyze conflicting evidence regarding class and collective action certification was recently addressed by the Third Circuit Court of Appeals in Reinig v. RBS Citizens N.A., 912 F.3d 115, (3d Cir. 2018) (“Citizens”). In that case, the Third Circuit opined that Fed.R.Civ.P. 23 class certification orders (i) must explicitly define the classes and claims that are the subject of a certification order and (ii) provide an analysis of how the court reconciled any conflicting evidence supporting class certification.

In addition, the Third ...