Over-Time

News & Analysis as of

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

Executive Briefing

In its decision on Templemire v. W&M Welding, Inc., the Missouri Supreme Court imposed a minimalist “contributing factor” causation standard on workers’ compensation retaliation claims. The decision overrules two precedents,...more

Supreme Court Agrees To Hear Trade Group Challenge To Mortgage Loan Officer Compensation Guidance

On June 16, the U.S. Supreme Court consolidated and agreed to hear two related cases regarding the Department of Labor’s (DOL) 2010 interpretation of its regulations under the Fair Labor Standards Act that mortgage loan...more

New Department of Labor Rule to Limit Live-In Employees Eligible for Exempt Status

The Fair Labor Standards Act (FLSA) has long provided an exemption for overtime wages to employees engaged in "companionship services," such as in-home caretakers who sleep at their patients' homes. Recently, however, the...more

More Good News for California Employers Who Utilize Employee Arbitration Agreements

On the same day the California Supreme Court upheld an arbitration agreement containing a class action waiver in Iskanian v. CLS Transportation of Los Angeles, LLC, the Ninth Circuit Court of Appeals upheld employment...more

Supreme Court to Review Cases Involving Overtime Exemption for Mortgage Loan Officers

On Monday, the U.S. Supreme Court accepted review of two lower court decisions of significant importance to the banking and financial services industries. The cases involve the question of whether mortgage loan officers are...more

Supreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations

Last week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act...more

Restoring Overtime Pay for Working Americans Act: Senate Democrats Join President Obama’s War On FLSA Exemptions

Yesterday, Senate Democrats introduced a bill cited as the “Restoring Overtime Pay for Working Americans Act” (“the Act”), which would amend the Fair Labor Standards Act (“FLSA”) to make it more difficult for employers to...more

eTrends – Summer Interns may be Entitled to Wage and Hour Protection

Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections....more

No Liability for Off-the-Clock Work Absent Employer Knowledge

A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In Jong v. Kaiser Foundation Health Plan, Inc., Jong, together with two other...more

Fenwick Employment Brief - June 2014

No Liability for Off-the-Clock Work Absent Employer Knowledge - A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more

California Supreme Court Issues Favorable Decision for Employers in Duran v. U.S. Bank

The California Supreme Court has issued its long-awaited decision in Duran v. U.S. Bank. In a significant victory for employers, the Court unanimously agreed to overturn a $15 million judgment in a wage and hour class action...more

An Update on "Overtime" Class Actions

Since 2012, “overtime” class actions have been successfully certified in Ontario but were limited to certain areas. Recent additional certification success suggests we are likely to see more such claims. At a basic...more

FLSA Overtime, Minimum Wage Lawsuits Continue to Skyrocket

My colleagues and I talk regularly about the ever-increasing number of wage and hour cases alleging violations of minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). ...more

Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast,...more

Wage and Hour Lawsuits Continue to Increase

Once again, the number of new federal wage and hour lawsuits increased in the last year. That’s not a surprise to many of you, as you see the advertisements, daily media reports about overtime and minimum wage issues,...more

New Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims

On May 20, 2014, the First District Court of Appeal in Jong v. Kaiser Foundation Hospitals, issued a decision affirming the summary judgment granted as to one of the individual class representatives in a putative class action...more

Government Contracts Quarterly Update - May 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. In This...more

Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action

In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without...more

Dispelling Employment Myths Series – Issue 1: Comp Time

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the...more

Employers Beware: Pay Changes Underway

During his February 2014 State of the Union address, President Obama pledged to rely on his own executive authority to take action on behalf of American workers. He has taken this commitment to heart, and over the past...more

California District Court Rejects Overtime Settlement Over $50,000 Incentive Awards

Large incentive awards continue to jeopardize class action settlements. We wrote on February 14 about recent cases in which Circuit Courts rejected settlements due to disproportionate incentive awards. A recent case from the...more

I'm An Executive, You're An Executive, We're All Executives! 8th Circuit Lowers The Bar For FLSA "Executive" Exemption

Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion that essentially watered down the Fair Labor Standards Act (FLSA) overtime exemption for executives. This decision perhaps makes an unwitting case...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...more

President Obama Calls for Revisions to FLSA’s Overtime Regulations

On March 13, 2014, President Obama signed a Presidential Memorandum that directed Secretary of Labor Tom Perez to review the Fair Labor Standards Act (“FLSA”) and revise the regulations that define who qualifies for overtime...more

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