News & Analysis as of

Exempt-Employees Over-Time

Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime

by Fox Rothschild LLP on

You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case illustrates this maxim. The name partner of a Los Angeles...more

ROV-er Time – Fifth Circuit Rules that ROV Technicians are non-Seaman Entitled to Overtime under the Fair Labor Standards Act

by Baker Donelson on

Following up on its landmark 2014 decision in Coffin v. Blessey Marine Servs., Inc., 771 F.3d 276 (5th Cir. 2014) which concerned the applicability to tankerman of the seaman exclusion to the overtime wage provisions of the...more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

by Jackson Lewis P.C. on

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v....more

The Resurgence Of The Hourly Rate To Recognize Performance

by Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

Two Employment Law Issues Startups Should Know About

by Varnum LLP on

It's no secret that the first year of operation can make or break a startup. Don't let overlooked employment issues be your startup's downfall. Below is a brief overview of two major issues startups face in their first year....more

It Ain’t Over Till It’s Over – California Bill Would Increase Overtime Exemption Salary Threshold

by Fisher Phillips on

Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Dispelling the 10 Biggest Wage and Hour Myths – Part I   

On what seems like a daily basis, I receive a phone call from a client or prospective client who is confused about some aspect of wage and hour law. Myths and urban legends abound in this area of the law. Passed on from...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Recruitment and Wage and Hour Law in Ontario

by Dickinson Wright on

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

Airline Industry Alert: California Court Upholds RLA Exemption to State Wage and Hour Law

by FordHarrison on

In a complete reversal of its earlier decision, a California federal judge held that employees covered by a collective bargaining agreement (CBA) entered into in accordance with the provisions of the Railway Labor Act (RLA)...more

Oregon Changes Interpretation of Overtime Laws, Advising Certain Employers to Double Count Daily and Weekly Overtime Payments

by Littler on

Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (BOLI) instituted a significant change in its historic treatment of the interplay between two statutes that provide for daily and weekly...more

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

by Tonkon Torp LLP on

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

Exploring FLSA Section 7(i) — Can You Use it to Exempt Commissioned Employees from Overtime?

by Conn Maciel Carey LLP on

A common question we often get asked by our health and country club clients is whether their trainers, tennis and golf professionals, and other similar employees may be considered commissioned employees of “retail or service...more

New York Increases its Minimum Wage Rate and the Minimum Salary Level for Exempt

New York is among a number of states implementing minimum wage increases for 2017; however, New York also increased the minimum salary levels needed to be considered exempt from overtime pay requirements under state...more

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

by Foley & Lardner LLP on

As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its...more

Headed for Overtime? Trump Administration Will Decide Fate of New Time-and-a-Half Rule

by Zuckerman Spaeder LLP on

If you're an employee and you work more than 40 hours a week, you typically have the right to receive time-and-a-half overtime pay for those extra hours....more

Ninth Circuit Rules Service Advisors at Automotive Dealerships Are Not Exempt From Overtime Pay

by FordHarrison on

On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

by Jackson Lewis P.C. on

The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more

New Year, New Rules for Employers Doing Business in New York

Last year the New York legislature and New York Department of Labor amended several employment laws implementing changes that took effect at the end of 2016 or are set to take effect early this year. This post summarizes the...more

Injunction of the DOL’s Overtime Rule and Its Appeal

by Bass, Berry & Sims PLC on

Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more

Quick Update On The FLSA Overtime Rule

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

by Franczek Radelet P.C. on

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more

New York State Substantially Increases Salary Thresholds for Exempt Employees

In the waning hours of 2016, new regulations went into effect that substantially increase the minimum salary an employee must have in order to be classified as exempt from the overtime provisions of the New York Labor Law....more

Mandatory Salary Increases Now in Effect for New York – What to Do Now

by Baker Donelson on

Employers in New York must scramble to assess the impact of the new substantial salary level increases that take effect on December 31, 2016. Below is a summary of the new salary levels for exempt administrative and executive...more

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