Wage and Hour

News & Analysis as of

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...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

What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more

Businesses Must Adapt to the Tidal Wave of Wage Legislation

California employers will face a barrage of changes to the wage laws over the next months and years that may affect both exempt and non-exempt employees. Both state and federal laws have recently changed. In addition, many...more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

Tennessee Legislative Update

Governor Haslam recently signed several bills into law that will impact Tennessee employees and employers in both the public and private sectors. Employers may wish to reassess certain policies and practices in light of these...more

Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and...more

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

Splashdown for DOL Overtime Rules

Please see Info Graphic below fore more information....more

San Francisco Passes Nation’s First Fully-Paid Parental Leave Law

The mayor of San Francisco recently signed the Paid Parental Leave Ordinance, a law that gives workers in the city the most generous parental leave benefits in the country. Covered employees will have the right to take up to...more

Los Angeles County Minimum Wage Increase Set to Take Effect July 1, 2016

Los Angeles’ Minimum Wage Ordinance, passed last summer, begins its steady increase to the city’s minimum wage on July 1. The minimum wage will eventually increase to $15.00 by the year 2020 for large employers. Smaller...more

Ready, Set: Time to Add Ready-Mixed Concrete to “Public Works” Definition

Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code,...more

DOL Tones Down White-Collar Exemption Regulations, But Millions Still Affected

Receiving over 270,000 comments must have impressed the U.S. Department of Labor (DOL) to the point that it scaled back the provisions originally stated or hinted at in the proposed rules, with final rules issued May 18 that...more

Changes to Overtime Regulation

On May 18, 2016, the U.S. Department of Labor released a Final Rule updating the overtime regulations that revises the salary test for the "white collar" exemptions to the Fair Labor Standards Act ("FLSA"). The Final Rule...more

Maryland Passes New Pay Equity Law

Maryland recently passed into law sweeping revisions to its existing equal pay law. The new law, signed by Governor Hogan on May 19, 2016, will take effect on October 1, 2016. With the passage of the Equal Pay for Equal Work...more

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 1)

On May 18, 2016, the Department of Labor (DOL) unveiled the final version of its highly anticipated overtime regulations. In its first increase since 2004, the standard minimum salary level for exemption from overtime under...more

[Webinar] Overtime Law 2016 – Expanded New Rule: What It Means for You - June 1st, 12:00pm CST

On May 18, 2016, the U.S. Department of Labor issued a final rule updating the overtime regulations under the Fair Labor Standards Act. The new rule increases the salary threshold for workers to qualify as exempt from...more

Maryland Passes One of Nation’s Most Expansive Equal Pay Laws

Seyfarth Synopsis: Maryland Governor Hogan has signed into law a new pay equity bill that strengthens protection against pay discrimination in the workplace, and prohibits employers from providing less favorable employment...more

Tick-Tock: The Overtime Clock Starts Running For Millions More Workers

On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act (“FLSA”). The final rule, which goes into effect on December...more

New Santa Monica Ordinance Provides For Paid Sick Leave and Increased Minimum Wages

Santa Monica will become the first city in Southern California and the fourth in the state to enact a municipal paid sick leave law. The city’s Paid Sick Leave and Minimum Wage ordinance will take effect in two phases. The...more

Losing Control: The USDOL's Latest Independent Contractor Test

The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade. Major newspapers have published exposés, lawmakers have threatened new legislation, and...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

New Federal Overtime Rules Require Action by Employers in 2016

In response to a directive from President Obama to update the regulations that define the overtime exemption criteria for white-collar workers, the Department of Labor has announced new rules that will affect millions of...more

Final DOL Rule Expands Number of Exempt Employees Entitled to Overtime Pay

The U.S. Department of Labor (DOL) has issued a final rule that will expand the number of exempt employees entitled to claim overtime pay. The rule's provisions will go into effect on December 1, 2016. The passage of the...more

Thoughts On Payroll By Exception and Weekly Time Sheets

In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used...more

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