Unpaid Overtime Wage and Hour Fair Labor Standards Act

News & Analysis as of

Health Plan Case Managers Entitled to Overtime Pay

Managed care companies help insurers and government programs coordinate healthcare plans by making coverage determinations for participants. In many situations, case managers conduct utilization reviews to determine the...more

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

Northern District of California “Shuts Out” Minor League Ballplayers’ Experts

Minor league baseball players took a swing at class certification, and they missed—badly. In Senne v. Kansas City Royals Baseball Corp., et al., minor league baseball players across the country asserted wage and hour...more

Individuals, Families, and Households and Those Who Jointly Employ Home Care Workers With Them are All Liable for Unpaid Overtime

Claims by home care workers for unpaid overtime have risen steadily since the U.S. Department of Labor, in 2015, eliminated the federal overtime exemptions that allowed agency employers essentially to pay no overtime wage...more

Are Professional Athletes Covered Under New Overtime Rules?

Last week, a federal district court judge in California declined to certify a collective action claim by minor league baseball players who alleged they had not been paid overtime as required under the Fair Labor Standards Act...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Employing Insurance to Protect You From Wage & Hour Suits In Light of Updated Regulations

In 2014, we reported that wage and hour lawsuits—claims in which employees and companies dispute the amount owed to an employee or class of employees for overtime work— had increased 432 percent over the last two decades. ...more

Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay

The federal government recently extended minimum wage and overtime protections to most home health care workers. If you are hiring a caregiver for yourself or an elderly loved one, you need to become familiar with the rules,...more

Dol Fumbles…Scotus Punts

On June 20, 2016, the U.S. Supreme Court issued its latest decision (read, “non-decision”) in Encino Motorcars, LLC v. Navarro. The case involves a decades-old question of whether auto dealership “service advisors” are exempt...more

U.S. Department of Labor’s New Overtime Rules Announced

That rumbling you may have felt this week wasn’t another Oklahoma earthquake. It was the reaction of employers to the new overtime regulations just released by the U.S. Department of Labor (“DOL”). Set to take effect December...more

DOL's final rule increases minimum salary for overtime exemptions

The Fair Labor Standards Act (FLSA) generally requires employers to pay employees at least the federal minimum wage and overtime compensation for all hours worked over 40 in a workweek. Overtime pay must be at least 1½ times...more

Best in Law: Act Now on New OT Rule

The U.S. Department of Labor recently updated the regulations governing which executive, administrative and professional employees (“white collar workers”) are entitled to the Fair Labor Standard Act’s minimum wage and...more

Settling FLSA Wage & Hour Claims? Court Approval May Be Needed

On June 13, I had the opportunity to talk at the Connecticut Legal Conference about employment law issues. My talk focused on free speech rights in the workplace — a topic I’ve covered well in some prior posts....more

Employment Law Commentary, May 2016

The New Federal Overtime Regulations: Are You Ready? - On May 18, 2016, the U.S. Department of Labor (DOL) issued its Final Rule updating its regulations to increase the salary threshold required to qualify for the...more

What you need to know about the new FLSA overtime rules

The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act (“FLSA”). These new rules are expected to affect over 4.2 million employees and...more

U.S. Department Of Labor Issues Final Overtime Exemption Rule

On May 18, 2016, the United States Department of Labor (DOL) published its final overtime rule, which significantly changes the nature of who will qualify as salaried exempt employees under the executive, administrative, and...more

Oilfield Service Companies Face Daunting Challenges

A focus on oilfield services companies’ decades old compensation plans for their service technicians began shortly after President Obama took office in 2009. The U.S. Department of Labor (DOL) commenced a more concentrated...more

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

The Final Overtime Rule – Is It Really That Simple?

In This Presentation: •How Did We Get Here? •The Overtime Rule: Four Changes You Must Know •Misunderstandings About the Final Rule •Opposition to the Final Rule •Seven Steps Employers Should Take Now Please...more

FLSA Overtime Exemption Salary Threshold Update

On May 18, 2016, the Department of Labor (“DOL”) issued a final rule on overtime exemption likely to impact more than 4 million American workers and their employers. The DOL doubled the salary “white collar” employees must...more

Understanding the Final Overtime Rule: Is it really that Simple?

According to the U.S. Department of Labor (DOL), the Final Overtime Rule, which is effective on December 1, 2016, simplifies the regulations to make them easier for employees and employers to understand and apply. Really? ...more

The DOL’s New Overtime Rule: Considerations for California Employers

As we reported earlier, the DOL has now released its final overtime rule. Two of the biggest takeaways are that the new rule (1) greatly increases the minimum salary threshold of the so-called “white collar” exemptions (at...more

Employment Law Navigator – Week in Review: May 2016 #4

Last week the long-awaited final FLSA overtime regulations were published. The regulations are intended to make an additional 4.2 million workers eligible for overtime. The new rules raise the salary threshold for exempt...more

DOL Makes Last-Minute Tweaks to New Overtime Exemption Rules

In March 2014, President Obama signed an executive order directing the Department of Labor to revise its aging rules governing overtime pay for white collar employees. The Department solicited comments from the public on an...more

DOL Issues Final Rule More Than Doubling FLSA Minimum Salary Level Required for Overtime Exemptions

Increase in Minimum Salary for Most Exemptions - On May 18, 2016, the Department of Labor (DOL) published its final rule concerning the minimum salary level necessary in most cases for an employer to qualify as exempt...more

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