Over-Time Wage and Hour

News & Analysis as of

Department of Labor Issues New Proposed FLSA White Collar Regulations

On June 30, 2015, the Department of Labor issued its long-awaited Notice of Proposed Rulemaking, which updates the Fair Labor Standards Act (FLSA) regulations relating to white collar employees. The proposed regulation would...more

It’s Coming: Overtime Pay for More Workers

Coming to a store or restaurant near you soon!  Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay...more

Proposed New Overtime Rule: More Time or More Money?

For the past year, the U.S. Department of Labor has been working on new federal overtime regulations, which Jon Orleans reported in this blog last March [March 14, 2014, Revamping Overtime Regulations: No Specifics Yet] The...more

New Overtime Regulations Proposed

The U.S. Department of Labor issued a proposed rule this morning that would expand federal overtime pay regulations to cover nearly 5 million additional employees by raising the minimum salary threshold required to qualify...more

President Obama Announces Proposed Sweeping Change to Federal Overtime Law

On June 29, 2015, President Obama announced a Department of Labor rule change aimed at raising wages for up to five million people as soon as 2016. Currently, with some exceptions, Americans who make less than $23,660...more

2015 Employment Bills Moving Through The CA Legislative Process

Thursday, June 5 marked the last day for bills to pass out of their house of origin in the California Legislature. Here is a summary of some key employment bills that made it through (followed by some significant bills that...more

Late but Not Forgotten: The DOL’s White-Collar Proposal

On May 5, 2015, the U.S. Department of Labor (DOL) finally sent its proposed overtime rule to the White House Office of Management and Budget (OMB) for review, which comes nearly six months later than initially expected....more

Hang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues

On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

Legislative Update: Mandatory Double Damages for OT Violations Bill Passes; Other Bills Await Votes

We’re nearly at the end of the legislative session and the bills are coming fast and furious. Late Friday, the General Assembly passed a bill (Senate Bill 914) that mandates (rather than allows) double damages to be...more

From Hiring to Firing: A Basic Guide To The Japanese Employment Law Life Cycle

Hiring: As a general rule, employers in Japan can freely determine the person they would like to hire as an employee, provided that discrimination on the basis of certain protected categories is not permitted. Employees...more

From Hiring To Firing: A Basic Guide To The Singapore Employment Law Life Cycle

In Singapore, we are restricted for regulatory reasons (as are most international/foreign registered law firms) from practising local law. This means that if a matter needs advice on any Singapore law issues we will arrange...more

Third Circuit Says Trucker Entitled to Overtime

Professional motor carriers generally are exempt from overtime payment under the Fair Labor Standards Act (“FLSA”). ...more

Can Mortgage Loan Officers Still be Exempt from FLSA Overtime Requirements?

On March 9, 2015, the United States Supreme Court issued an opinion upholding a 2010 Department of Labor (DOL) interpretative rule finding that mortgage loan officers are generally not administratively exempt from Fair Labor...more

Supreme Court Says Agencies Can Change Rule Interpretation Without Notice and Comment

Companies subject to federal agency regulations sometimes face situations where measures taken to comply with such rules work one day, and then result in violations of those rules the next. Federal administrative agencies...more

Eleventh Circuit Rules That Employer Cannot Assert Worker Misconduct Equitable Defenses in FLSA Unpaid Overtime Claim Where...

The Eleventh Circuit Court of Appeals recently issued an opinion holding that an employer cannot assert equitable defenses based on an employee’s misconduct in under-reporting hours as a total bar to the employee’s FLSA claim...more

Attempt to Extend Minimum Wage and Overtime to Home Care Workers Overruled by Court

In October 2013, the Department of Labor's (DOL) new rule extending minimum wage and overtime protections to the nation’s nearly two million home-care workers prompted controversy over the Department's authority to reverse...more

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

Overtime Payments Included In Paid Holiday

The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”...more

Employment Law Update: Tech Support - The FLSA’s Specialized Exemption

The Fair Labor Standards Act (FLSA) provides several exemptions from overtime requirements for employees whose job duties meet specific tests. Most employers are familiar with the standard “white- collar” exemptions –...more

DOL Announces Delay to Home Care Worker Wage Regulations

Last October, the federal Department of Labor’s Wage and Hour Division sent shockwaves through the home health care industry by issuing final rules declaring most of its employees to be subject to FLSA minimum wage and...more

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

Federal Court Limits California's Wage-Hour Laws

Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more

Quick Quiz: Pay For Being In On-Call Status

Chris is a non-exempt computer Help Desk employee. During one workweek of each calendar quarter, after his normal shift ends he leaves his workplace but is on-call for eight hours a day for each of seven days. On average,...more

113 Results
|
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×