News & Analysis as of

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more

USDOL Final Revisions to White Collar Exemptions Coming in 2016

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia. There were many good, substantive programs there and lots to be gleaned for...more

Proposed Overtime Regulations Will Likely Affect Your Dealership

The United States Department of Labor (USDOL) recently announced proposed revisions to some of the most commonly used exemptions to minimum wage and overtime, saying it will “extend overtime protections to roughly five...more

A Part Time Exempt Employee—Is it Possible?

Several weeks ago we announced that we would be publishing a series of Advisories on important wage-and-hour compliance issues. This week, we will focus on the issue of an employee’s exempt status and whether it is possible...more

Higher Wages for Computer Software Employees for 2016

The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

Reminder for N.Y. Employers: Multiple Minimum Wage Hikes Take Effect at Year’s End

As we are now in the final quarter of 2015, New York State employers should begin preparing for the many impending minimum wage increases – yes, there will be multiple increases – all of which take effect December 31, 2015....more

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Pittsburgh Paid Sick Leave Act Goes Into Effect January 11, 2016

The City of Pittsburgh recently became the second city in Pennsylvania to enact a paid sick leave law, with Mayor William Peduto signing the Paid Sick Days Act into law on August 13, 2015.  While the Act is facing legal...more

That is SO last week - October 2015 #2

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

4 Reasons Why Companies Can Ask Exempt Employees to Work for 'Free'

The leaked Urban Outfitters memo asking salaried employees to volunteer one or more weekend shifts at an Urban Outfitters fulfillment center to pick, pack and ship merchandise is really no story at all, despite Internet...more

The Ten Most Important Rules for Employers

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Employment Law Update: Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime

Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime...more

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

Special Note for Illinois Employers Regarding Tracking Hours

Tracking of hours for salaried/exempt employees has always been a questionable practice. In fact, the U.S. Department of Labor (“US DOL”) could arguably use such tracking as a factor suggesting that the individuals are really...more

Rethinking the 24/7 Response

Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the...more

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Many Home Companionship Workers No Longer Exempt

Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

So, you think you have the next greatest idea for a startup that will knock the socks off of the current big players in your space? We know you’re excited to spend endless nights and countless hours to get your company off...more

Public Comment Period on DOL’s Proposed “White-Collar” Exemption Regulations Closes

As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”), a national...more

DOL Refuses to Extend Comment Period for Overtime Exemption Salary Changes

The 60-day notice and comment period for the Department of Labor’s proposed changes to its Part 541 white collar overtime exemption rules has expired. The agency reports receiving over 200,000 comments to the proposed rules,...more

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