Over-Time, Wages | JD Supra Law News

Labor Letter - April 2013: Count The Cost Before Waging The War

by Richard Meneghello | Fisher & Phillips LLP on 4/3/2013

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more

DOL Reports Widespread Wage And Hour Violations At Tampa Area Restaurants

by Scott T. Silverman | Akerman Senterfitt on 4/1/2013

Widespread violations of the Fair Labor Standards Act’s minimum wage and overtime provisions have been found during an ongoing enforcement initiative conducted by the Department of Labor Wage and Hour Division’s Tampa office....more

Second Circuit Rules “Gap Time” Claims Impermissible Under FLSA, Even Where An Employee Worked Overtime

by Michael Ray | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2013

The Second Circuit Court of Appeals recently addressed “gap time” claims brought by a purported class under the Fair Labor Standards Act (FLSA). Lundy, et al. v. Catholic Health Systems of Long Island, Inc., No. 12-1453...more

Employers: There are some exemptions to the overtime requirement

by Ann Bowden-Hollis | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/13/2013

Originally published in The Journal of South Mississippi Business - March 2013. One of the often misunderstood rules about overtime pay requirements involves which employees can be classified as exempt from payment for...more

Second Circuit Decision

by Joshua Alloy | Proskauer - Class & Collective Actions on 3/12/2013

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

Your Global Workforce in Malaysia

by Alice Wang | Fisher & Phillips LLP on 3/11/2013

Malaysia is both exotic and magical, and we want to ensure that the management of your global workforce in Malaysia is in compliance with all employment and labor laws. The key statutory authorities governing employment and...more

Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements

by Bradley Strawn | Littler on 3/11/2013

In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not...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

Florida's Minimum Wage Increased for 2013

by Kelly Kolb | Fowler White Boggs P.A. on 1/6/2013

Florida is one of only 10 states which ties its minimum wage rate to the annual rate of inflation as reflected in the federal Consumer Price Index (CPI). Thus, every year the Florida Department of Economic Opportunity must...more

No Overtime Pay Liability When Employee Fails to Report Exact Time Worked

by Theodore A. Olsen | Sherman & Howard L.L.C. on 1/5/2013

A recent decision from the Tenth Circuit Court of Appeals instructs employers how they may avoid Fair Labor Standards Act overtime pay liability for overtime hours that are undeniably worked by an employee, when the employee...more

Overtime Work Is Not A By-The-Job Matter

by John E. Thompson | Fisher & Phillips LLP on 1/2/2013

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime...more

California Rings In 2013 With New Employment Laws

by Michelle Brauer Abidoye | FordHarrison on 12/28/2012

After the Mayans failed to predict the end of the world on December 21, 2012, it became apparent that California employers would have to comply with a string of new laws that take effect on January 1, 2013. Here is a summary...more

Newly Enacted State Laws Will Affect Companies Operating In California

by Jeffrey M. Goldman | Pepper Hamilton LLP on 12/11/2012

With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow. Unless otherwise stated, the following Assembly bills (ABs) go into effect...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2012

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...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

Governor Brown Signs Several Bills That Impact Employers

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/1/2012

Governor Jerry Brown recently signed bills enacting several new employment statutes. Below are brief explanations of these new laws that affect employers in California. It should be noted that the Governor vetoed AB 1450,...more

Healthcare Update, No. 3, August 2012: DOL Targets Healthcare Employer For Violations

by Fisher & Phillips LLP on 8/8/2012

A recent announcement from the U.S. Labor Department's Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate...more

Healthcare Update - August 2012, No. 3

by Fisher & Phillips LLP on 8/2/2012

In This Issue: - EEOC Challenges TB Testing Practices By A. Kevin Troutman (Houston): For years, hospitals and most other healthcare providers have regularly screened new and existing employees for tuberculosis...more

White House 2013 Budget Targets Employee Misclassification

by Ramon Rivera on 3/15/2012

Earlier this month, the Obama Administration released its proposed budget for fiscal year 2013. It reveals that New York and New Jersey employers should expect heightened enforcement and regulatory activity, particularly in...more

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Over-Time › Wages