Unpaid Overtime Wage and Hour Over-Time

News & Analysis as of

DOL Facing Backlash over Proposed Increase in Overtime Pay

Friday, September 4 is the final day to provide comments on the legislation. As the end of 60 day period for public comment on the proposed revisions to the U.S. Department of Labor's ("DOL") overtime rule approaches,...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

Second Circuit Revives Contract Attorney’s Misclassification Suit

On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower...more

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...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

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

Department of Labor Proposes New Regulations Regarding Federal Overtime Exemptions

On July 1, 2015, the Department of Labor issued proposed regulations concerning the so-called “white collar” exemptions under the Fair Labor Standards Act (FLSA). The proposed regulations have received a great deal of...more

Salary and Duty Test Worries? Maybe Try Something Else!

Do you have employees who are currently overtime exempt making under $50,000 per year, who play an important role in your organization, but you can’t justify paying a higher salary to avoid having them becoming nonexempt...more

Proposed Changes to the White Collar Exemptions Under the FLSA Might Make Some Employers Turn Green

On July 6, 2015, the Wage and Hour Division of the Department of Labor (DOL) issued its proposed rule and request for comment entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, and...more

Department of Labor Releases Proposed Rule to Update White Collar Exemptions to the FLSA's Overtime Requirement

On June 30, 2015, the Department of Labor (DOL) released a Proposed Rule to update the regulations governing overtime requirements for executive, administrative, and professional employees (white collar employees). Under the...more

Eleventh Circuit Rules That Employer Cannot Assert Worker Misconduct Equitable Defenses in FLSA Unpaid Overtime Claim Where...

The Eleventh Circuit Court of Appeals recently issued an opinion holding that an employer cannot assert equitable defenses based on an employee’s misconduct in under-reporting hours as a total bar to the employee’s FLSA claim...more

Overtime Payments Included In Paid Holiday

The UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”...more

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

Federal Court Limits California's Wage-Hour Laws

Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....more

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

Washington Supreme Court Decision May Spur Joint Employer Class Actions

In a matter of first impression, the Washington Supreme Court has held that the "joint employer doctrine" is a viable theory under Washington's Minimum Wage Act (WMWA), and adopted the Fair Labor Standards Act's economic...more

Good Things Come To Those Who Document Good Wage & Hour Practices

We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...more

Employees in Maryland Can Now Get Treble Damages for Overtime Claims

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). ...more

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

Late Payment Resulted In An FLSA Violation

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Update on Orozco v. Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses – 3...

We reported in September 2013 about Orozco v. Plackis, a case out of the United States District Court for the Western District of Texas in which the plaintiff (a cook in a franchised restaurant) filed an action under the Fair...more

Financial Advisors Advance Their Cause for Overtime Pay

According to Judge Frank Maas of the U.S. District Court for the Southern District of New York, the first step was taken in the settlement process between Merrill Lynch & Co. and over 500 field financial advisors. Recently...more

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

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