News & Analysis as of

Wage and Hour Exempt-Employees

Is The Overtime Rule Still Alive, After All?

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.” But a new lawsuit in federal court in Jersey puts a gulp in that sigh of...more

Steps for Solving the Wage Deduction Dilemma

by Akerman LLP - HR Defense on

Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost...more

In Nationwide Conditional Certification, Evidence Still Matters

As employers well know, the Fair Labor Standards Act (“FLSA”) permits employees to file suits on behalf of themselves and others who are “similarly situated.” 29 U.S.C. 216(b). In practice, this often means large employers...more

WPI Wage Watch: Minimum Wage and Overtime Updates (May Edition)

by Littler on

Just under halfway through 2017, minimum wage and overtime developments have shifted into overdrive. Proposals submitted by federal legislators from both sides of the aisle highlight the different approaches the country’s...more

The Ninth Circuit Goes All In. Will the Supreme Court Call?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court....more

The Rapidly Evolving Legal Landscape for New York Employers

New York employers need to prepare for compliance with the most expansive paid leave law in the country and need to ensure compliance with New York’s wage transparency law and minimum wage and salary thresholds for exemptions...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

Travel Agencies Hail Proposed Legislation Providing Overtime Exemption, But Employment Bills in General Face Uphill Battle

by Littler on

Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more

Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime

by Fox Rothschild LLP on

You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case illustrates this maxim. The name partner of a Los Angeles...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

Don’t Judge a Conditional Certification Motion by Its Cover

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more

Budget Blues: Planning for a Possible Government Shutdown

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now —...more

Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks

by Fox Rothschild LLP on

I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another one. A group of employees working for AC Moore, an...more

ROV-er Time – Fifth Circuit Rules that ROV Technicians are non-Seaman Entitled to Overtime under the Fair Labor Standards Act

by Baker Donelson on

Following up on its landmark 2014 decision in Coffin v. Blessey Marine Servs., Inc., 771 F.3d 276 (5th Cir. 2014) which concerned the applicability to tankerman of the seaman exclusion to the overtime wage provisions of the...more

Court May Make Reasonable Inferences about Employee’s Exempt, Non-Exempt Activities

by Jackson Lewis P.C. on

A trier of fact can make reasonable inferences about employees’ duties to determine status for overtime pay under California labor law, the California Court of Appeal has ruled, affirming the trial court’s holding. Batze v....more

Did You Know…Blair v. Dole Food Company Provides Insight On Wage Statement Requirements

by Nossaman LLP on

On February 15, 2017, the California Court of Appeal in Blair v. Dole Food Company, Inc. clarified existing law regarding what information must be included on employee wage statements....more

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

The Resurgence Of The Hourly Rate To Recognize Performance

by Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

Two Employment Law Issues Startups Should Know About

by Varnum LLP on

It's no secret that the first year of operation can make or break a startup. Don't let overlooked employment issues be your startup's downfall. Below is a brief overview of two major issues startups face in their first year....more

New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?

by Fox Rothschild LLP on

The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now, there is a new chapter to add to this saga. On February 28, 2017,...more

It Ain’t Over Till It’s Over – California Bill Would Increase Overtime Exemption Salary Threshold

by Fisher Phillips on

Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more

Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Vampire Weekend crassly and rhetorically asked us, “Who gives a f*** about an Oxford comma?” As it turns out, lots of people: First Circuit judges, dairy farmers in Maine, truck drivers, your authors—the...more

Weather Got You Down? How to Comply With The FLSA in Inclement Weather

by Saul Ewing LLP on

Snow days, hurricanes, power outages, floods - when weather of biblical proportions forces you to close or prevents your employees from getting to work, what do you do? The answer depends on whether the employee is paid...more

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

Wage and Hour Changes for NYS Employers, plus a New Form I-9

by White & Case LLP on

Salary Thresholds for Exempt Employees Increased for NY Employers - Although the increase in the minimum salary required for employees to be exempt from overtime pay under federal law has been put on hold by a federal...more

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