Non-Exempt Employees

News & Analysis as of

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

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

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

USDOL Should Retract Fluctuating-Workweek Commentary

Readers will recall that, in 2011, the U.S. Department of Labor undertook to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. This compensation method calls for paying a...more

The Groundhog Says Six More Weeks of Winter, So Employers Should Remain Mindful of Their Obligations During Inclement Weather

This morning Punxsutawney Phil told us that we are facing six more weeks of winter. Great. We thought it served as a good opportunity to remind employers of the importance of establishing inclement weather policies that are...more

It's Not Too Late to Make Your 2017 HR Resolutions

It's a new year. Now that the first month is nearly behind us, many of us have begun making progress on (or even broken) some of our personal resolutions meant to improve ourselves in 2017. But, have you taken the time to...more

Fluctuating-Workweek Plans: Don't Forget State Law!

Many employers have responded to the U.S. Department of Labor's ongoing efforts to increase the pay-related requirements for the federal Fair Labor Standards Act's "white collar" exemptions by making tough decisions about...more

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

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

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

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

C’est La Vie: No ‘Right to Disconnect’ in U.S., But Non-Exempt Workers Must Be Paid for ‘Connected’ Time

Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more...more

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

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

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

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

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

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

Court blocks DOL’s new overtime rule from taking effect

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage (currently $7.25 per hour). The FLSA also requires employers to pay employees overtime compensation for all...more

California Supreme Court Tells Employees To Rest Assured

After a years-long battle, the California Supreme Court finally issued a ruling defining what it means for an employer to provide a rest break to non-exempt employees under California law: rest breaks cannot be “on-duty” or...more

It’s Official — New York’s Salary Threshold for the Executive and Administrative Exemptions Is Increasing — THIS WEEK

As expected, this morning, the New York State Department of Labor published its final rule increasing the salary threshold applicable to exempt executive and administrative employees in New York State. While the ultimate...more

New York State Gifts Employers With State Wage Regulation End-of-Year Overhaul

While almost everyone’s attention is focused on changes that the Trump administration will bring at the national level, New York is about to implement far-reaching regulations that will significantly impact employers...more

A Break Is A Break: California Supreme Court Rules That Rest Breaks Must Be Duty Free

Today, the California Supreme Court ruled that employers must provide their workers with duty-free rest breaks or face potentially devastating financial consequences. Most California employers know that state law generally...more

Texas Federal Court Issues Nationwide Injunction Barring Implementation of New Overtime Rules

On November 22, 2016, a federal court in Texas ruled that the U.S. Department of Labor (DOL) unlawfully issued its Final Rule raising the minimum annual salary threshold for most “white collar” overtime exemptions under the...more

Federal Court Blocks New Overtime Rule from Taking Effect

The Fair Labor Standards Act (“FLSA”) generally requires that most employers pay nonexempt employees overtime compensation for all hours worked over 40 during a workweek. Overtime compensation must be at least one and...more

Winter Is Coming—Wage and Hour Considerations During Weather-Related Emergencies

With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption.  We discuss below some typical scenarios that you are...more

Federal Overtime Rule Injunction Calls for State-Level Attention

Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

While USDOL’S Overtime Regulations are Held Up on Appeal, New York Presses on With its Own Salary Level Increase

2016 has proven to be an eventful year on the wage and hour front. In May, the U.S. Department of Labor announced new Fair Labor Standards Act regulations governing the “white collar” executive, administrative, and...more

Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor

On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations. Those regulations would have, among other...more

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