News & Analysis as of

Unpaid Overtime Wages Over-Time

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

Overtime Payments Included In Paid Holiday

by King & Spalding on

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

Federal Court Limits California's Wage-Hour Laws

by Fisher Phillips on

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

by Carlton Fields on

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

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

by Franczek Radelet P.C. on

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

by FordHarrison on

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

by Fisher Phillips on

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

by Cooley LLP on

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

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

Government Contracts Quarterly Update - May 2014

by BakerHostetler on

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

Many Exempt Employees With Salaries $30,000 To $50,000 May Soon Be Entitled To Overtime

by Burr & Forman on

On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

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