News & Analysis as of

Over-Time Wage and Hour

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

American Corporation Seeks To Dismiss Afghan Overtime Claim By Contractors: What Is Going On?

by Fox Rothschild LLP on

We usually think of FLSA and overtime cases arising in our country, but companies operating overseas have to deal with the laws of that country. In an interesting case that hearkens to the headlines of national security and...more

House Passes Working Families Flexibility Act of 2017

by Ballard Spahr LLP on

The U.S. House of Representatives has passed the Working Families Flexibility Act of 2017, which would allow private sector employers to offer eligible employees compensatory time off in lieu of compensation for overtime...more

Health Care E-Note - May 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

U.S. House passes bill to substitute overtime pay with time off

by McAfee & Taft on

On May 2, 2017, the Executive Office of the President issued a statement supporting a new House bill, H.R. 1180. H.R. 1180, the Working Families Flexibility Act of 2017, proposes to amend the Fair Labor Standards Act (“FLSA”)...more

Labor & Employment E-Note - May 2017

by Burr & Forman on

The House recently passed a bill that would amend the Fair Labor Standards Act to allow certain employees to choose to take paid time off rather than overtime pay when working more than 40 hours in a workweek. Ron Flowers and...more

Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of...

by Nexsen Pruet, PLLC on

With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these...more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

Is Comp Time Finally Coming to Private Employers?

by Cozen O'Connor on

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

Is Comp Time Finally Coming to Private Employers?

by Cozen O'Connor on

Comp time has long been available to public sector employees, but never for private companies. That might be changing soon. On May 2, the House passed the Working Families Flexibility Act. This bill would amend the Fair...more

Changing Workplaces Review to be Released May 22: Media Reports

by Dentons on

The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can expect to see in the long awaited final report from the Changing Workplaces Review when it is...more

“Day of Rest” Requirement Measured By Workweek, Not Every Seven-Day Period

California employers must allow their employees to take one day of rest per each workweek, unless they work less than 30 hours per week or each shift in that workweek is 6 hours or less, the California Supreme Court decided...more

The Working Families Flexibility Act – Congress’s First Step to Helping Employers Manage Overtime Costs

by Baker Donelson on

While President Obama’s landmark overtime expansion is pending in a Texas federal court, on May 2, 2017, the Republican House passed the Working Families Flexibility Act (H.R.1180/S.801) by a vote of 229 – 197, which would...more

California Supreme Court Clarifies "Day of Rest" Requirements

by Bass, Berry & Sims PLC on

In a big win for California employers, the California Supreme Court ruled on May 8, 2017 that employers are not required to provide employees with a “day of rest” on a “rolling seven-day basis,” but must only ensure that...more

House Passes Amendment to Fair Labor Standards Act Permitting Private Sector Comp Time

by Conn Maciel Carey LLP on

On May 2, 2017, the U.S. House of Representatives passed the Working Family Flexibility Act of 2017 – a bill that would amend the Fair Labor Standards Act (FLSA) to permit private employees to take paid time off instead of...more

California Supreme Court Puts to Rest Labor Code Interpretation

by Carlton Fields on

Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime

by Fox Rothschild LLP on

You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case illustrates this maxim. The name partner of a Los Angeles...more

California Supreme Court’s “Day Of Rest” Ruling Puts Employers At Ease

by Fisher Phillips on

In an unanimous decision, the California Supreme Court held today that California’s law requiring one day of rest in seven looks only at the employer’s defined workweek when determining the applicable period of time to be...more

Burr Alert: Bill to Allow Employees to Choose Between Overtime Wages and Paid Time Off Passes in House

by Burr & Forman on

The House has finally taken action on overtime laws, though not the type of action employers have been anticipating over the past few years. On May 2, 2017, the U.S. House of Representativespassed a bill entitled the Working...more

Let’s See You Flex – The Working Families Flexibility Act Passes the House and Proposes a New Option for Overtime

The House of Representatives passed at least two notable measures last week. You probably heard about the new healthcare legislation, but you may not have heard about the Working Families Flexibility Act (WFFA). Though...more

Too Personal To Proceed: Personal Bankers’ Certification Bid Bounced Again

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved...more

Breaking News-House Passes Comp Time Bill!!

by Ruder Ware on

Some Frequently Asked Questions for the Curious… The House passed a bill earlier this week that, if signed into law, would dramatically change private sector compensation in the United States. Interested? Keep reading....more

Private Sector Comp Time Bill Passes in U.S. House

As you may recall, we recently wrote about the Working Families Flexibility Act of 2017, a new bill introduced in the United States Congress that would amend the Fair Labor Standards Act to give non-exempt private sector...more

Cash Now or Paid Time Off Later? House Passes FLSA Amendment to Permit Private Sector Comp Time

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 2, 2017, the House of Representatives passed a bill amending the Fair Labor Standards Act to permit private employees to choose to take paid time off instead of monetary overtime compensation when...more

House Passes Private Sector “Comp Time” Bill, But Is It Practical For Employers?

In the private sector, the ability of employers to offer “comp time” for nonexempt employees—future time off as a reward for working extra hours, in lieu of overtime pay—is quite limited. To avoid having to pay for overtime...more

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