Over-Time

News & Analysis as of

The New Overtime Rule: Yes, It Really Is Happening – Are You Ready?

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

Emerging Trends Newsletter - Q2

We are thrilled to bring you the 2nd installment of Stinson Leonard Street's Emerging Trends newsletter. Recent Delaware Supreme Court Opinion Limits General Personal Jurisdiction for Foreign Corporation - Recent...more

Best in Law: Beware of In-Lieu-Of Payments to Employees

Employers who allow their employees to opt for taxable cash payments in lieu of health benefits must consider the value of the payments when calculating overtime rates, a federal appellate court has ruled. Originally...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...more

[Webinar] The New Overtime Rule: Yes, It Really Is Happening - Are You Ready? - July 21st, 1:30p.m. EDT

The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more

Cashed Out Benefits Must Be Included in Regular Rate When Calculating Overtime Premium

Overtime paid to non-exempt employees under the Fair Labor Standards Act must be at time and one-half of the employee’s “regular rate.” The regular rate includes most compensation paid to the employee, such as bonuses and...more

U.S. Department of Labor's New Federal Overtime Regulations: How it May Affect You

As you may be aware, the Department of Labor recently issued new overtime regulations that will significantly affect salaried employees and their classification as exempt (i.e., not entitled to overtime pay) under the Fair...more

Final Overtime Rule Creates New Challenges in Limiting Off the Clock Work

“Off-the-clock” work has become an ever increasing concern for employers in the past few years as the use of smartphones has permeated into all areas of our lives, including work. The U.S. Department of Labor’s release of...more

Payment for Not Taking Benefits – Additional Compensation

A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act,...more

Ninth Circuit Shakes Up Regular Rate-of-Pay Calculations in Flores v. City of San Gabriel

Employers May Need to Restructure “Cash in Lieu of” Payments - The City of San Gabriel was underpaying its police force by miscalculating their regular rate of pay, the U.S. Ninth Circuit Court of Appeals held in...more

Workplace Policy Institute Insider Report — July 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more

Time to Act - Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL...more

Compensation and Benefits Insights – June 2016

Final Summary of Benefits and Coverage (SBC) Guidance Issued - The Departments of Labor, Health and Human Services and Treasury (the “Departments”) recently issued final changes to the Summary of Benefits and Coverage...more

New DOL "White Collar" Overtime Exemptions Rule to be Put on Hold in Puerto Rico Under PROMESA

On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (S. 2328), commonly known as “PROMESA.” This measure, which was enacted with bipartisan support, effectively delays...more

Tennessee Senators Attempt to Block New Overtime Rules

By now you have heard that the federal overtime laws affecting common white collar exemptions, including those applicable to executive, administrative, and professional employees, will change significantly. As a result,...more

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Supreme Court Punts on Whether Service Advisors Are Exempt from FLSA Overtime Premium Pay

The United States Supreme Court recently issued its long awaited decision in Encino Motorcars, LLC v. Navarro. At issue in the case was whether “service advisors” employed by car dealerships are exempt from the Fair Labor...more

Seventh Circuit Voids Employee Promises to Not Pursue Wage and Hour Claims as Members of a Class or Collective Action

Many employers will be surprised to learn that, under some circumstances, the National Labor Relations Act (NLRA) may regulate their ability to enter into certain contractual agreements with employees. The decision of the...more

Supreme Court Passes Automobile Dealership Service Advisor Exemption Issue Back to Lower Court

On June 20, 2016, the U.S. Supreme Court declined to provide a definitive opinion on a pay issue that has concerned automobile dealerships for years. The question involves whether dealership service advisors fall under the...more

Supreme Court Update: Rjr Nabisco, Inc. V. European Community (15-138), Encino Motorcars, Llc V. Navarro (14-415), Kingdomware...

Having cleared some near-blockbusters off the table on Friday (everything's relative this term), we've still got an eight-case backlog to get through before the final decision day of OT15 on Monday. Since we've got an even...more

Hospitalitas Newsletter - Summer 2016

In this issue: - Controversial Overtime Rule Comes in For a Landing - What You Need to Know About Hospitality REITs - The Legal Implications of Restaurant-Designed House Brand Craft Beers - FDA Finalizes Revisions...more

"Nondiscretionary" Pay And The 90%/10% Approach

Once the U.S. Labor Department's revised definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions take effect, employers will be allowed to: - Pay as little as 90% of the new $913...more

Higher Education Highlights - Summer 2016

On March 21, 2016, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), announced the launch of the 2016 Phase 2 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Audit...more

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