News & Analysis as of

Non-Exempt Employees Over-Time

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

Oregon’s New Law on Overtime Calculations for Employees in Mills, Factories, and Manufacturing Establishments Expected to Change

In July 2017, the Oregon Legislature passed House Bill 3458, which is expected to be signed by Governor Kate Brown. The new law will permit employers to pay nonexempt employees in mills, factories, and manufacturing...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

DOL to Seek Public Comment on Overtime Rule

The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)....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

“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

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

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

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

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

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

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

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

by Miller & Martin PLLC on

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!

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

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

by Foley & Lardner LLP on

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

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

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