News & Analysis as of

Over-Time

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...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

Hot List – What’s Happening in the California Legislature 4/24-4/28

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Appeal of FLSA Overtime Regulations Faces Further Delay

It may seem hard to believe, but it was nearly five months ago that a federal district court entered a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the...more

Could Comp Time be Coming to the Private Sector?

Regular readers of this blog and attendees of this month’s Lunch and Learn Seminar know that compensatory time off, A.K.A. comp time, is a top wage and hour myth to private sector employers. For more than 30 years, non-exempt...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

2017 California Labor and Employment Legislative Update: What to Watch

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Back from Spring Break, and Back to Work: Our List of L&E Bills to Watch in the remainder of the 2017-2018 California Legislative Session. ...more

Government Seeks Another Delay on DOL’s Overtime Rule

by Jackson Lewis P.C. on

The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from...more

Employment Law Navigator – Week in Review: April 2017 #3

by Zelle LLP on

Last week, HR Dive reported a Yale University global study on the forces behind continued underrepresentation of women in business leadership. After surveying 5,000 individuals in 100 countries, the study concluded that...more

Location, Location, Location: What Factors Determine Whether California Law Applies To Non-Residents?

by Fisher Phillips on

In deciding whether California’s overtime laws apply to non-resident employees who spend full days or weeks working in the state, the California Supreme Court has previously held the state’s labor code applies to overtime...more

Hot List – What’s Happening in the California Legislature 4/17-4/21

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Temporary "Comp Time" Provision Under Consideration

by Fisher Phillips on

The U.S. House of Representatives is now actively considering the "Working Families Flexibility Act of 2017" (H.R. 1180), which would amend the federal Fair Labor Standards Act to permit private-sector employers to offer...more

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following...more

Waiting Game: Future of Proposed "White Collar" Rules Remains Uncertain

There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more

The Resurgence Of The Hourly Rate To Recognize Performance

by Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...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

Whatever Happened to Those New FLSA Overtime Regulations? A Status Update

For much of 2016, employers and HR professionals were focused on preparing for the new Fair Labor Standards Act white-collar overtime exemption regulations. The Department of Labor issued the final regulations on May 18,...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

Employment Law Navigator – Week in Review: March 2017 #4

by Zelle LLP on

Last week, HR Dive highlighted the benefits and drawbacks of the use of electronic tracking to assess how employees engage with one another. Use of tracking technology to assess employee interaction has joined employee...more

Labor & Employment E-Note - March 2017

by Burr & Forman on

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v.Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more

Notes From Acosta Confirmation Hearing

by Fisher Phillips on

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

Do School Employees Get Overtime For Occasional Extra Duty? [Wage & Hour FAQ]

by Franczek Radelet P.C. on

Q. Our school district has hourly, non-exempt employees who occasionally perform extra work for the district – for example, chaperoning a school dance, or taking tickets at home games. Do we need to track the hours that...more

Employment Law Navigator – Week in Review: March 2017 #3

by Zelle LLP on

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Department of Labor Overtime Regulations on Hold

On March 13, 2014, President Obama signed a presidential memorandum that directed the Department of Labor to devise new overtime rules that would make millions of employees eligible for time-and-half pay for overtime hours of...more

Grammar and Overtime

This is a story about grammar (specifically, the “serial comma”) and the overtime law of the State of Maine. The U.S. First Circuit Court of Appeals recently decided whether certain fresh food delivery drivers are entitled to...more

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