News & Analysis as of

Non-Exempt Employees

Key California Employment Law Cases: April 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination...more

What’s Compensable?

by Zelle LLP on

The Fair Labor Standards Act has made plenty of news recently, but most of the attention has been focused on who qualifies for overtime. For much of 2016, it looked like new federal regulations would require that anyone...more

“Shifting” Away From Hourly Pay ... Be Aware of Potential Pitfalls

by Foley & Lardner LLP on

In many states, the practice of paying nonexempt employees a “day rate,” “shift rate” or “job rate,” is gaining in popularity. A day rate occurs when a set amount of pay is guaranteed for a shift without regard to the hours...more

Budget Blues: Planning for a Possible Government Shutdown

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now —...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

Making Employees Watch the Clock Can be Good for Employers

by Foley & Lardner LLP on

A few months ago, we reminded our readers about the need to maintain accurate time records for non-exempt employees.This consideration is especially important for those employers who are subject to the Fair Labor Standards...more

Employer’s Guide to Preliminary and/or De Minimis Activities Under the FLSA: Booting Up Before Clocking In

by Nexsen Pruet, PLLC on

Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work...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

Separate Compensation for Rest Breaks and Non-Productive Time Required for Non-Exempt Commissioned Employees

by Jackson Lewis P.C. on

On February 28, 2017, in Vaquero, et al. v. Stoneledge Furniture LLC, the California Court of Appeal, Second Appellate District ruled that Wage Order 7-2001 (mercantile industry) requires employers to separately compensate...more

FAQs About Employee Travel Time — Is It Compensable?

There are few things more confusing to employers than the nitty-gritty rules of what is and is not compensable time for non-exempt employees under the Fair Labor Standards Act (FLSA). There are also few things more costly to...more

The Perils of Calculating Regular Rate of Pay

by McGuireWoods LLP on

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

“Pre-Shift” Does Not Mean “Before-Shift”: Are Your Pre-Shift Meetings Violating The FLSA?

by Fisher Phillips on

The popular workplace practice of holding a “pre-shift” meeting to set the tone of the workday and communicate important announcements can be very beneficial and may even boost workplace morale. But don’t be fooled by this...more

Weather Got You Down? How to Comply With The FLSA in Inclement Weather

by Saul Ewing LLP on

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do? The answer depends on whether the employee is paid...more

Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers

by Stoel Rives LLP on

Oregon manufacturing employers have been following the ongoing turmoil surrounding the Oregon Bureau of Labor and Industries’ (“BOLI”) recent interpretation of Oregon’s requirement that manufacturing employees receive...more

Oregon Court Summarily Dismisses Manufacturing Establishment Overtime Claims

by Tonkon Torp LLP on

On March 9, 2017, a Multnomah County judge dismissed the claims asserted by a putative class of workers in the closely-watched case Mazahua Reyes, et al. v. Portland Specialty Baking, LLC. All Oregon non-exempt employees...more

A Wage and Hour Pitfall: Paying Bonuses to Non-Exempt Employees Can Lead to Trouble

by Baker Donelson on

Most employers today recognize that the Fair Labor Standards Act (FLSA) requires that they pay non-exempt employees an overtime premium for working more than 40 hours in any given workweek. What most employers do not...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

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Commission-Only Employees Entitled to Separately Paid Rest Periods

by Payne & Fears on

A California Court of Appeal recently ruled that employers who pay their non-exempt sales employees on commission must separately compensate them for mandatory rest periods. All California employers with commission-based...more

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

by Fisher Phillips on

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

by Fisher Phillips on

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

Wage and Hour Compliance: Off-the-Clock Work

by McManis Faulkner on

Thanks to the wonders of technology, it has become increasingly easier for non-exempt employees to engage in small work-related acts, or to be “on call” for their employer, after they have “clocked out” at the end of a shift....more

Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations

by Jackson Lewis P.C. on

Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. However, not all employers are as well attuned to...more

Focus on the FMLA – Part II

by Zelle LLP on

Last week, we wrote about some of the Family and Medical Leave Act (FMLA) requirements that can be particularly challenging for employers. This week, we’re going to focus on an aspect of FMLA entitlement that causes employers...more

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