News & Analysis as of

Non-Exempt Employees Fair Labor Standards Act

Off-Duty Emails May Be Compensable (or Not)

by Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Employers Struggle With Overtime Classification of Skilled Service Technicians

Over the past several years, we have received multiple inquiries from employers confronted with claims that they have misclassified service technicians as exempt from the overtime requirements of the Fair Labor Standards Act...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

by Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

Can We Finally Retire the Notions of Construing The FLSA’s Overtime Provisions Broadly But Its Exemptions Narrowly?

by Seyfarth Shaw LLP on

As our readers saw earlier this week, the Ninth Circuit recently issued a decision in McKeen-Chaplin v. Provident Bank, turning the traditional administrative vs. production dichotomy of the administrative exemption on its...more

Employer input sought on new overtime regs

by McAfee & Taft on

As we previously reported, the U.S. Department of Labor failed to challenge a federal district court’s blocking of the new overtime rule that was set to go into effect last December and, instead, signaled its intent to...more

Eligibility for Overtime Pay – Redo?

by Ruder Ware on

Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay. The Department of...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

USDOL Submits Arguments In Salary Appeal

by Fisher Phillips on

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...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

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

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

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

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

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

USDOL Should Retract Fluctuating-Workweek Commentary

by Fisher Phillips on

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

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

by Fisher Phillips on

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

by Tonkon Torp LLP on

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

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

by FordHarrison on

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

Injunction of the DOL’s Overtime Rule and Its Appeal

by Bass, Berry & Sims PLC on

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

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