Non-Exempt Employees

News & Analysis as of

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

Reminder for N.Y. Employers: Multiple Minimum Wage Hikes Take Effect at Year’s End

As we are now in the final quarter of 2015, New York State employers should begin preparing for the many impending minimum wage increases – yes, there will be multiple increases – all of which take effect December 31, 2015....more

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Do we have to keep track of exempt employee time? [Wage & Hour FAQ]

Q. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even...more

No Change to Florida’s Minimum Wage in 2016

The Florida Department of Economic Opportunity (“DEO”) has announced that the minimum wage in Florida will remain at $8.05 per hour for 2016. The minimum wage for employees who earn tips will remain at $5.03 per hour....more

The Ten Most Important Rules for Employers

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Employment Law Update: Wages and Water: What Do We Do?

With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all...more

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