Unpaid Overtime

News & Analysis as of

LATEST UPDATE: When Will The Exemption Changes Occur?

The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions....more

Final Rule Amending Overtime Requirements Not Expected Until Late 2016

On June 30, 2015, the Department of Labor (DOL) published its proposed rule amending the minimum salary requirement for overtime exemption under the Fair Labor Standards Act (FLSA). Under the proposed rule, the minimum weekly...more

Pizza franchisee jailed for wage violations

Most employers know that failing to pay minimum wage or overtime pay to their employees can lead to serious consequences. When employees file lawsuits claiming unpaid overtime wages, they can bring in their co-workers,...more

New Exemption Rules May Be Delayed To Late 2016

Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or...more

So No New FLSA Overtime Regulations Until Late 2016?

You may recall that, in late June 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s “white-collar” overtime exemption...more

New Overtime Regs: Will “Duties Test” Be Beefed Up After All?

You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime...more

Quick Quiz Answer: Part-Time Exempt Status

The answer to our November 6, 2015 Quick Quiz is, "No". Under the new arrangement, Bigtown Computer Corporation could not continue to treat Tom as being exempt from the federal Fair Labor Standards Act's minimum-wage and...more

No "Duking" it Out Before the High Court as Justices Indicate Willingness to Let Wage and Hour Class Claims Stand

On Tuesday, I attended the Supreme Court's oral argument in Tyson Foods, Inc. v. Bouaphakeo. This case has been closely watched as employers have been hoping to see whether the Supreme Court would explicitly apply aWalmart v....more

Court Grants Summary Judgment for Employer in Apple Class Action Seeking Pay for Time Spent in Security Checks

Free Choice Tanks Plaintiffs’ Claims - Just last year, the Supreme Court held in Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014) that employees working at an Amazon.com warehouse were not entitled to...more

Supreme Court Hears Argument in Tyson Foods v. Bouaphakeo—and a Blockbuster Class Certification Ruling Seems Less Likely

The Supreme Court on Tuesday heard oral argument in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, a case that has been closely watched for its potential to narrow the circumstances in which a class action may be certified...more

Thoughts on Tyson Foods Oral Argument

Tyson Foods, Inc. v. Bouaphakeo, the third and last of the three class action cases that the U.S. Supreme Court is hearing this Fall was argued yesterday. Articles in the New York Times and USA Today have suggested that the...more

DOL Creates Long-Term Headache for Long Term Care: Higher Wages, More Overtime and Greater Overhead

Last month, the U.S. Department of Labor (DOL) proposed new regulations under the Fair Labor Standards Act (FLSA) that will dramatically increase the number of employees who must be paid overtime for all hours worked beyond...more

USDOL Final Revisions to White Collar Exemptions Coming in 2016

Over the next few days, I hope to provide a few updates from attending last week’s ABA Labor & Employment Law Annual Conference in Philadelphia. There were many good, substantive programs there and lots to be gleaned for...more

Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")...more

Health Care E-Note - October 2015

For health care professionals who began accepting Meaningful Use incentive money at the outset of availability under the Medicare option in 2011, the year 2015 is an important year. By starting early, eligible health care...more

Quick Quiz: Part-Time Exempt Status

Tom is the Department Manager for Bigtown Computer Corporation's ten-employee Research and Development department. Bigtown treats him as being exempt from the federal Fair Labor Standards Act's minimum-wage and overtime...more

Friendly Reminder: The Computer Employee Exemption

We recently received a question regarding whether an employer could classify certain IT employees as exempt under the Computer Employee exemption. With the long-awaited final DOL overtime rules for the white collar exemptions...more

DOH Reverses Position on Overtime Pay Under The Wage Parity Act

On November 2, 2015, the NYS Department of Health ("DOH") issued important notices affecting the wage and overtime obligations of New York City and Nassau, Suffolk, and Westchester County home care agencies....more

Per Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation

The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a...more

Proposed Overtime Regulations Will Likely Affect Your Dealership

The United States Department of Labor (USDOL) recently announced proposed revisions to some of the most commonly used exemptions to minimum wage and overtime, saying it will “extend overtime protections to roughly five...more

Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Amazon.com Hit With Independent Contractor Misclassification Class Action Lawsuit By Delivery Drivers

Amazon is the latest tech company to be sued in a proposed class action by drivers delivering its products – in this case, goods to be delivered within two hours of being ordered through Amazon’s “Prime Now” app. The drivers...more

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

When Will The Exemption Changes Occur?

One of the most-pressing questions for employers at the moment is when the U.S. Labor Department will finalize changes in its definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Some have...more

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