Non-Exempt Employees

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

by Christopher M. Trebilcock | Miller Canfield on 5/17/2013

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

Employment Law Advisory for May 8, 2013: Recent Court Decision Highlights Risks in Piece Rate Compensation Plans

by Hopkins & Carley on 5/14/2013

Most non-exempt employees are paid by the hour for their work. California’s Wage Orders permit non-exempt employees also to be paid on a piece rate basis, however, and a recent decision from the California Court of Appeal...more

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

IRS Worker Classification – What Is The Common Law Test?

by David Gair | Looper Reed & McGraw, P.C. on 4/29/2013

A common mistake for new business owners is how it classifies its workers. Many people think you can just elect to treat people as independent contractors and thus avoid the cost and headache associated with having...more

Insurance Investigators Are Now FLSA-Exempt In 6th Circuit

by Michael Cardman | XpertHR - Partnered with LexisNexis on 4/4/2013

The 6th Circuit Court of Appeals has ruled that insurance investigators tasked with detecting and deterring insurance fraud are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Foster v....more

Wage and Hour Laws - Are Your Employees Exempt or Non-Exempt?

by Rebecka Whitmarsh | Wilentz, Goldman & Spitzer P.A. on 2/15/2013

Labor and employment lawyers expect the Department of Labor to increase the number of audits it conducts this year. To protect your business from lawsuits, fines and fees, you should review your exempt and non-exempt job...more

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Inside Sales Exemption Poorly Understood by Many Employers

by Hopkins & Carley on 2/11/2013

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers

by Carl Hellerstedt, Jr. | Spilman Thomas & Battle, PLLC on 1/31/2013

The U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) announced in December of 2012 the recovery of $187,165 of wages for 69 employees as part of its multi-year ongoing enforcement initiative focused on vendors...more

What Do You Mean I Have To Pay My Nanny Overtime?!

by Staci Ketay Rotman | Franczek Radelet P.C. on 1/31/2013

As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an...more

Bring Your Own Hassles -- How to manage the explosion of employee-owned devices

by MoFo Tech on 1/29/2013

Time was, organizations provided employees with the computer hardware they needed for their jobs. Today, many workers prefer to use the same device for business and personal use. Organizations have signed on to accommodate...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

2013 California Labor & Employment Laws – Part 3 Of 4

by Hartnett, Smith & Paetkau on 1/22/2013

In our third post on changes affecting employers in California in the New Year, we discuss new laws regarding wage statements and payments of wages and commissions....more

Labor & Employment Law Update - January 2013 : New Year Employer Checklist

by Jeffrey Bell, Andrew Cripe, Jay Dade, Bradley Kafka, William P. Sweeney | Polsinelli on 1/17/2013

In This Issue: - New Health Care Mandates - I-9's for Immigration in 2013 - A Policies and Procedures Review - Classifying Employees as Exempt or Non-Exempt? - Awareness of National Labor Relations Board...more

Mandatory Park-And-Ride Program Was Not Compensable Under The FLSA, 5th Circuit Rules

by Michael Cardman | XpertHR - Partnered with LexisNexis on 1/14/2013

Requiring nonexempt employees to come to a work site by certain means - such as taking a bus from a remote parking lot to a manufacturing plant - does not necessarily mean they must be paid for the time spent in transit, a...more

New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours

by Alan Brunswick, Stanley Levy, Bradford Paul | Manatt, Phelps & Phillips, LLP on 1/14/2013

On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a...more

California’s Wage Orders: Landmines and Goldmines

by Tiffany Brosnan | Snell & Wilmer L.L.P. on 1/11/2013

Originally published in the Orange County Lawyer magazine - June issue, Vol. 54 No. 6 (pages 12-13). All California employers must comply with a multitude of wage and hour laws that go well beyond setting minimum wages...more

2013 Employment Law Update - New Developments in Employment Law 2013

by Shirley Jackson, Erik P. Khoobyarian, Ernest M. Malaspina, Richard M. Noack, Daniel F. Pyne III, Karen Reinhold | Hopkins & Carley on 1/4/2013

In this update: - 2013 Schedule of Seminars - Wage & Hour - New Laws Impacting Hiring Practices - Discrimination & Harassment - Developing Law Regarding Employer Arbitration Agreements - Employer...more

Overtime Work Is Not A By-The-Job Matter

by John E. Thompson | Fisher & Phillips LLP on 1/2/2013

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime...more

Santa and the FLSA

by Natalie F. Hrubos | Duane Morris LLP on 12/19/2012

Delivering presents to the well-behaved children all over the world in a single night is hard work. Sure, Santa Claus makes it look easy with his jolly disposition, magical sleigh and team of nine flying reindeer. But does...more

A Recent Off-The-Clock Case Should Not Breed Complacency

by Edward Boehm | Fisher & Phillips LLP on 12/18/2012

It might sometimes seem from the parade of headline-grabbing, employee-favoring court decisions that employers are destined to lose in so-called "off-the-clock" cases under the federal Fair Labor Standards Act....more

Applying Wage and Hour Laws to the 21st Century Series: Telecommuting Risks and Rewards

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/5/2012

Telecommuting has become a popular work option for several employers in the recent past. Reasons that employers and employees may consider telecommuting as an option include: increase in flexibility of hours worked, more...more

Fixed Salary for Non-Exempt Employees Cannot Include Overtime as of January 1, 2013

by Mary E. Wright | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2012

Recently, the California Advice Group received the following question from a human resources manager concerning salaried non-exempt employees. As the law is changing in this area, it is a very timely question....more

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

Documentation of Potential Off-the-Clock Work Violations via Electronic Devices: Are You Prepared?

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/11/2012

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge....more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters