Over-Time Wage and Hour

News & Analysis as of

California Court Approves FLSA Formula For Flat Bonuses

The California Court of Appeal provided employers with a small New Year’s gift for 2016: on January 14, in Alvarado v. Dart Container Corporation of California, it affirmed that an employer’s formula for calculating overtime,...more

Holiday Madness: What are the Rules Again?

Earlier this week, on Martin Luther King, Jr. Day, many employees got the day off from work. It is, after all, one of the ten annual federal holidays. California state employees get additional holidays: Lincoln Day (February...more

Employer Beware: Be Prepared for New Labor Regulations Coming in 2016

The Fair Labor Standards Act (“FLSA”) is quite possibly the labor law that employers grapple with more than any other. The regulations can be murky at best when actually applied and the price tag for running afoul of the...more

Holiday Pay: Clear Blue Skies Ahead?

Paying employees for their annual leave in the UK used to be viewed as a straightforward process, with many companies calculating holiday pay at the employee’s basic pay rate. However, in 2014, several employment law...more

Are Your Administrative Employees Really Exempt From Overtime Pay?

On December 23, 2015, the Fourth Circuit Court of Appeals ruled that insurance investigators who work in a special investigative unit of GEICO’s claims department do not come within the administrative exemption under the...more

Fourth Circuit Says Medical Case Managers Are Exempt Professionals

Over the past several years, the healthcare industry and Department of Labor have clashed over the application of the Professional exemption to the Fair Labor Standards Act’s minimum wage and overtime requirements to various...more

Federal Court Says Document Review By Contract Attorney Is Exempt Work

On December 30, 2015, a federal district court in Manhattan ruled that a temporary contract attorney was not entitled to overtime under the Fair Labor Standards Act or the New York Labor Law for the time he spent assisting in...more

Court rules informal complaint about overtime could be basis of FLSA retaliation claim

The number of overtime and minimum wage claims against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that rise comes the risk of FLSA retaliation claims. As a new case from the Tenth Circuit...more

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued...more

DOL Anticipates Late 2016 Issuance of Final Overtime Exemption Rules

Earlier this year, the federal Department of Labor proposed an increase in the minimum salary required to claim exempt status from the Fair Labor Standards Act’s overtime requirements under its Part 541 “white collar”...more

Looking Back, Looking Forward

2015 has been quite a year for developments in employment and labor law. New laws and regulations affect nearly every aspect of the employee-employer relationship. Today and in next week’s post, we will review some of the...more

The Implications of DOL’s Proposed Overtime Rules on Hospitals and Health Systems

In an era of increasing financial pressure on the administration of hospitals and health systems, the U.S. Department of Labor (DOL) is expected to issue a final rule regarding the overtime provisions in the Fair Labor...more

Employment Law Reporter – November 2015

Another Year, Another Dollar: California’s Minimum Wage Increase - Mark your calendars! California’s minimum wage will increase from $9 per hour to $10 per hour on January 1, 2016. ...more

Time to Review the Exempt Classification of Computer Employees?

As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire...more

Corollary (and Coronary?) Ramifications Of the 2016 Minimum Wage Increase

The $10 state-wide minimum wage that hits us on January 1, 2016, will complicate things even more than the last increase. We previously reported here and here on the two-step legislation aimed to increase minimum wage...more

Overtime Exemption Rule Now Coming In July 2016?

The new overtime white-collar exemption rule will be issued approximately July 2016, according to the U.S. Department of Labor’s fall 2015 regulatory agenda, which the Office of Management and Budget published just before...more

July Issue Date Announced by the DOL for the New Salary Basis Regulations

We have received several inquiries regarding the timing of the new Department of Labor (DOL) wage and hour regulations which will raise the minimum salary basis for exempt employees from $23,660 to $50,440, among other...more

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

DOL Targets July 2016 For Release of Final Overtime Rule

In its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white...more

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

Outsmart the Pending Changes to the Overtime Law with Advance Planning

In June we alerted you to the fact that the Department of Labor (“DOL”) was planning to increase the minimum weekly salary an employee must be paid in order to qualify for an exemption from overtime. Since that time, the DOL...more

Have You Established a Proper Workday and Workweek for Overtime Purposes?

As part of our continuing Advisory series on wage and hour issues, this week’s Advisory focuses on establishing a workday and workweek for overtime calculations. Employers generally know that most non-exempt employees must...more

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more

Still No Timetable For Revised Overtime Regulations; DOL Has Received More Than 290,000 Comments

Employers continue to prepare for the forthcoming changes to the overtime rules, particularly the increases in the minimum salary required for exemption as an executive, administrative, or professional employee. The U.S....more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

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