Unpaid Overtime Non-Exempt Employees

News & Analysis as of

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

Start Planning for the Worst While You Hope for the Best

For the past several months we have been updating you on the proposed changes to the Fair Labor Standards Act (FLSA) and the impact those changes could have on your workforce. The comment period for the proposed regulations...more

Supreme Court to Resolve Circuit Split on OT Pay for Car Dealerships?

As you have read in our blog over the years, the misclassification of employees as exempt is one of the primary claims in wage and hour litigation.  Misclassification claims can arise in many forms, including the...more

What Employers Must Know About Wage and Hour Law

This year, according to a recent Syracuse University study, federal courts are on track to handle a record number of wage-and-hour lawsuits stemming from violations of the Fair Labor Standards Act (FLSA), which establishes...more

Rethinking the 24/7 Response

Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the...more

Another Wage and Hour Trap - The Effect of Bonuses Upon an Employee's Regular Rate of Pay

We often focus on wage and hour issues in our Advisories because the rules are technical and often counter-intuitive, leading many employers to make mistakes. When those mistakes are combined with the provisions in the Labor...more

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

New Exception to the Illinois Minimum Wage Law

The Illinois Minimum Wage Law (IMWL) generally provides that non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, on July 10, 2015, Governor...more

After Hours iPhone and Android Use By Employees Raises Wage/Hour Concerns (Again!)

So, you remember February 2009, right? We were all aflutter over Liam Neeson in Taken (ok, I still haven’t seen it). And we were listening to “My Life Would Suck Without You” by Kelly Clarkson (still a good song.)...more

Major Changes to Overtime Regulations for "White Collar" Workers

On July 6, 2015, the U.S. Department of Labor (“DOL”) issued proposed new regulations that will significantly change the law governing certain “white collar” workers who are exempt from minimum wage and overtime pay. All...more

Next on DOL’s Agenda: Mobile Device Use Outside Work Hours

It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer. After releasing in June a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor...more

Proposed Overtime Rules Could Significantly Impact Hospitality Businesses

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions, and President Obama recently announced plans that will extend overtime under the FLSA for salaried “white...more

Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You?

The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

USDOL Proposes Significant Increase In The Minimum Salary An Employee Must Earn To Be Exempt From Overtime

In one of the most potentially sweeping changes to the Fair Labor Standards Act (FLSA) regulations in over a decade, the U.S. Department of Labor (USDOL) has proposed an increase in the minimum salary for employees to qualify...more

Employer Alert: Proposed Regs Allow More Employees To Be Eligible for Overtime

On July 6, 2015, the Department of Labor (“DOL”) proposed new regulations that would significantly raise the salary requirements for executive, administrative, professional, and computer professional employees (“white collar...more

An HR Challenge: Finding and Fixing Overtime Misclassifications in 4 Steps

In light of the United States Department of Labor’s (“DOL”) June 30, 2015 report and proposed amendments to the salary portion of the ‘white collar’ exemptions that would more than double the minimum salary of those exempt...more

DOL Proposes New FLSA Test for Employee Exemptions and Issues New Guidance for Independent Contractor Classifications

What you need to know: The Department of Labor recently proposed an important change to the Fair Labor Standards Act that would significantly reduce the number of employees who are properly deemed “exempt” from the...more

How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in...

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more

DOL Proposes Exempt Classification Rule

The federal Department of Labor (“DOL”) released a proposed rule to amend the Fair Labor Standards Act’s white-collar employee exemptions (i.e., executive, administrative, professional, outside sales, and computer...more

Department of Labor Proposes New Overtime Regulations

On June 30, 2015, the Department of Labor (the “DOL”) released proposed modifications to its overtime exemptions under the federal Fair Labor Standards Act (the “FLSA”). The proposed revisions increase the minimum salary...more

Department of Labor Proposes Expansion of Overtime Eligibility

The U. S. Department of Labor has proposed a significant expansion in the number of employees who are eligible for overtime pay by more than doubling the minimum salary requirement needed to qualify as an exempt employee. ...more

DOL to Double Salary Test

The DOL released its long-awaited Notice of Proposed Rulemaking to update the salary requirements for the FLSA’s white collar exemptions (e.g., executive, administrative, and professional employees). Some highlights of the...more

U.S. Department of Labor to Expand Overtime Protections for “White Collar” Employees

On June 30, 2015 the U.S. Department of Labor (DOL) announced its proposal to revise its Fair Labor and Standards Act (“FLSA) regulations to narrow the exemptions from overtime pay for most so-called “white collar” employees....more

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

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