Exempt-Employees, Over-Time | JD Supra Law News

USDOL Still Barred From Challenging "Service Writer" Exemption

by John E. Thompson | Fisher & Phillips LLP on 4/12/2013

Readers will recall that, in April 2011, the U.S. Labor Department declined to adopt an interpretation proposed in 2008 that would have acknowledged the federal Fair Labor Standards Act overtime-exempt status of employees...more

New Jersey DOL Clarifies Overtime Exemption For Employees Of Common Carriers Of Passengers By Motor Bus

by Mark Diana, Evan J. Shenkman, Allyson M. Smith | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/8/2013

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the...more

Labor Letter - April 2013: Count The Cost Before Waging The War

by Richard Meneghello | Fisher & Phillips LLP on 4/3/2013

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more

Courts Aren't Buying USDOL's "Service Writer", "Service Advisor" Comments

by Matthew Simpson | Fisher & Phillips LLP on 2/25/2013

In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the...more

Rite Aid Settles Class Action Overtime Lawsuit For $20.9 Million

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

Retail employers should take note that improperly classifying employees and failing to pay overtime wages can lead to significant employer liability. A federal judge on January 7, 2013, approved a $20.9 million dollar...more

New California Law Affects Commission-Paid Employees

by Fisher & Phillips LLP on 12/17/2012

Beginning January 1, 2013, a new California law requires that employees who are paid on commission must be provided a written contract which sets forth the method by which the commission shall be computed and paid. This new...more

Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

by Kevin P. Hishta, Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/8/2012

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more

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Exempt-Employees › Over-Time