Wage and Hour

News & Analysis as of May 21, 2013

Corporate Law Report: Cybersecurity, CEO Social Media, New Workplace Laws, Healthcare Reform in 2013
Seventh Circuit Jumps Ahead of SCOTUS, Rules Pharmaceutical Sales Reps Exempt from Overtime—Jackson Lewis’ Noel Tripp

What Do You Mean I Have To Pay My Nanny Overtime?!

by Staci Ketay Rotman | Franczek Radelet P.C. on 1/31/2013

As a working mom, I am lucky to have a husband who is a stay-at-home parent. Rarely do I have to worry about being late to work because I have to drop my child off at school, or leaving work early to take my child to an...more

Rite Aid Settles Class Action Overtime Lawsuit For $20.9 Million

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

Retail employers should take note that improperly classifying employees and failing to pay overtime wages can lead to significant employer liability. A federal judge on January 7, 2013, approved a $20.9 million dollar...more

New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours

by Alan Brunswick, Stanley Levy, Bradford Paul | Manatt, Phelps & Phillips, LLP on 1/14/2013

On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a...more

Fixed Salary for Non-Exempt Employees Cannot Include Overtime as of January 1, 2013

by Mary E. Wright | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2012

Recently, the California Advice Group received the following question from a human resources manager concerning salaried non-exempt employees. As the law is changing in this area, it is a very timely question....more

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

by Kevin P. Hishta, Alfred B. Robinson, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/8/2012

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more

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