Non-Exempt Employees

News & Analysis as of

"The Online Exemption Checklist Says . . ."

Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate whether employees they treat...more

DOL Expected To Publish Final Overtime Change Within Ninety Days Now

As reported here previously, the U.S. Department of Labor (DOL) has proposed amending the regulations under the Fair Labor Standards Act (FLSA) to increase the minimum salary for employees to qualify for the executive,...more

Update on Publication of the New FLSA Overtime Regulations

The final overtime rule is edging closer to release: the U.S. Department of Labor (USDOL) has sent its final changes for determining which workers are eligible for overtime pay to the Office of Management and Budget (OMB) for...more

Can A Salary "Build-In" Overtime Pay?

One approach to the coming changes in the federal Fair Labor Standards Act's Section 13(a)(1) exemptions would be to abandon exempt status for at least some employees. Of course, this will mean (among other things) that...more

UPDATE: Final Rule on White Collar Exemptions Expected to be Published in July 2016 and Become Effective 60 Days Later

That’s what DOL Solicitor of Labor, M. Patricia Smith, reportedly said at the 2016 American Bar Association’s Midwinter Meeting. But remember: she also said at another conference in November 2015 that the DOL was targeting a...more

What’s Good for the Goose: Members of Congress Will Face Challenges in Complying With the DOL’s Proposed Overtime Rules

In the wake of the U.S. Department of Labor’s Wage & Hour Division proposal to amend the “white collar” exemptions, some members of the United States Congress are struggling with how they will comply with the new law....more

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint...more

Employers Again Brace for Winter Storms

With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may...more

California Court Approves FLSA Formula For Flat Bonuses

The California Court of Appeal provided employers with a small New Year’s gift for 2016: on January 14, in Alvarado v. Dart Container Corporation of California, it affirmed that an employer’s formula for calculating overtime,...more

"Proposed Rules to Tighten Wage and Hour Exemptions"

In June 2015, the Department of Labor (DOL) unveiled a proposed rule that, if enacted, will result in federal overtime requirements covering an additional estimated 5 million people. The proposed rule was issued in response...more

Beware Unpaid Rest Breaks for Non-Exempt Employees

A recent federal court decision in Pennsylvania affirmed the risks incurred by employers if they treat brief rest breaks as unpaid for non-exempt employees. In Perez v. American Future Systems, Inc. d/b/a Progressive Business...more

The Perils of BYOD Policies

Over the holidays, many employees are out of the office on family vacations or otherwise using their time off. Many employers rely on employees' use of their own personal electronic devices to keep up with what is going on in...more

Do You Need To Pay Employees For "Off-The-Clock" Work Time?

As part of our continuing Advisory series on wage and hour issues, this week’s Advisory focuses on compensation for work that occurs “off-the-clock.” Employers generally know that they must pay non-exempt employees for all...more

What Is A "Percentage Bonus"?

Overtime wages for employees subject to the federal Fair Labor Standards Act's overtime requirement must be based upon the "regular rate" of pay. This is an hourly rate that is normally determined by dividing the total wages...more

Puerto Rico Governor Signs Law Allowing Employees to Use Accrued Paid Sick Leave to Care for Qualified Family Members

Governor Alejandro García Padilla recently signed Law No. 251 (House Bill 695), a measure that provides caregiver leave under Puerto Rico law. This law, which is effective immediately, amends the Puerto Rico Minimum Wage,...more

Fourth Circuit Says Insurance Investigators Do Not Qualify for Overtime Exemption

Property and liability insurance carriers typically employ inspectors whose jobs involve investigations in support of their claims adjustment functions. Last month, the Fourth Circuit Court of Appeals (which includes North...more

The Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v....more

City Not Liable For Chicago Police Officers' Blackberry Work Time

If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more

The Implications of DOL’s Proposed Overtime Rules on Hospitals and Health Systems

In an era of increasing financial pressure on the administration of hospitals and health systems, the U.S. Department of Labor (DOL) is expected to issue a final rule regarding the overtime provisions in the Fair Labor...more

Wage and Hour Issues in Inclement Weather Business Closures and Reductions in Hours

With winter weather fast approaching and potentially forcing businesses to reduce or cease operations, employers are reexamining their federal and state wage and hour obligations to employees affected by weather-related...more

When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test

Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods during which an employee is...more

California Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.

In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Start Planning for the Worst While You Hope for the Best

For the past several months we have been updating you on the proposed changes to the Fair Labor Standards Act (FLSA) and the impact those changes could have on your workforce. The comment period for the proposed regulations...more

Supreme Court to Resolve Circuit Split on OT Pay for Car Dealerships?

As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation.  Misclassification claims can arise in many forms, including the...more

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