News & Analysis as of

A closer look at the expansion of overtime

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about....more

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

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

What’s Happening with Overtime?

Some misconceptions are floating around regarding the current status of federal overtime laws. .Fact: Nothing has actually changed yet. .Fact: President Obama has ordered the Department of Labor (DOL) to evaluate...more

President Obama Orders the Department of Labor to Modernize Overtime Rules

In a White House ceremony on Thursday, March 13, 2014, President Barack Obama signed a memorandum ordering the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” governing...more

Obama Directs Initiative to Update FLSA Overtime Regulations Likely to Tighten White-Collar Classifications

President Barack Obama on Thursday signed a Presidential Memorandum directing the Secretary of Labor to update the Fair Labor Standards Act (FLSA) regulations governing which "white collar" employees qualify for overtime...more

Labor and Employment: President Obama Directs Department of Labor to Modernize and Streamline FLSA Overtime Regulations

On March 13, 2014, President Obama issued a memorandum directing the Secretary of Labor to update and streamline the Fair Labor Standards Act (FLSA) overtime regulations. In the memorandum, President Obama noted that the...more

President Obama Directs the DOL to Attack FLSA Exemptions

Everybody is talking about it – President Obama’s announcement at the end of last week that existing overtime regulations be “modernized” and “streamlined” – but what exactly does this mean? The answer is, only time will...more

Fenwick Employment Brief - February 2014

A California federal court in Enki Corporation v. Freedman held that a former employee’s access of the employer’s computer systems through his log-in credentials did not amount to unlawful hacking under either the Computer...more

Preventing A Messy "Failed Exemption" Lawsuit

(Labor Letter, February 2014) - In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the...more

Trying to Reason with Blizzard Season: Employers, Employees, and Inclement Weather in the Southeast

In January, a “once-in-a-generation” winter storm hit the southeastern United States. The temperature dropped to record lows while snow and ice paralyzed our cities and towns. Schools across the region were closed, with...more

Employee Pay on a Snow Day

With the Eastern half of the United States bracing for heavy snow and freezing temperatures this week, many employers will close businesses due to icy and snowy road conditions. Employers must be mindful, however, that a snow...more

Employment Law Bulletin: Auditing your practices to avoid wage-and-hour claims in Florida

"Florida is a hotbed of wage-and-hour litigation,” is repeatedly quoted in one report after another over the past year, and this trend is expected to continue throughout 2014. Here is a quick roadmap of compliance questions...more

New Year In New York State Means A New Minimum Wage

Effective December 31, 2013, the minimum wage in New York State will increase from $7.25 per hour to $8.00 per hour. The overtime rate of pay for hourly, non-tipped employees earning the minimum wage will increase to $12.00...more

Take 5 Newsletter: An Employer's "Top 5" Action Items for 2014

It's December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get...more

Hurricanes, Tornadoes & Wages: How Does Employee Pay Work during a Natural Disaster?

This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a...more

Passage of Increase in California’s Minimum Wage Could Impact More Than Just Hourly, Minimum Wage Workers

On September 25, 2013, California Governor, Jerry Brown, signed a bill (Assembly Bill No. 10) that will raise the hourly minimum wage up 25% over the next few years. First, the minimum wage will increase in less than one...more

Chipotle Assistant Managers Allege They Were Misclassified As Exempt Employees, Court Rules They Can Proceed With Overtime Claims

A New York federal court recently granted conditional certification of a nationwide class of Assistant Managers at Chipotle restaurants based on the allegations that Chipotle misclassified Assistant Managers as exempt from...more

California Wage/Hour Update No. 3, July 2013: Court Clarifies Impact Of Multi-Tasking On Exempt Status

The salaried exemptions remain an actively litigated area in employment litigation. In order to be exempt from overtime and related regulations governing timekeeping and meal and rest periods, it’s not enough that an...more

Employment Law -- Jun 19, 2013

Exempt or Nonexempt, That is The Question - Employers who believe in multitasking could be facing unpaid overtime suits from managers after the California Court of Appeal ruled that a grocery store manager could not...more

It’s the Hours, Stupid: California Applies Quantitative Analysis to Exempt-Nonexempt Determination

In Heyen v. Safeway, the California Court of Appeal put the nail in the coffin of the federal approach to analyzing wage and hour issues in California. Because of Heyen, California employers and employees need to focus on...more

An Ounce Of Prevention: Employers Should Take Precautions Now To Prepare For The 2013 Hurricane Season

In the wake of Hurricane Sandy last Fall and the recent tornadoes in Oklahoma, forecasters are predicting an aggressive 2013 hurricane season, which started on June 1st. Employers should take time before the storm hits to...more

Employment Law Advisory for May 22, 2013: What Does it Mean to Pay an Exempt Employee on a “Salary Basis”?

Most California employers understand that only certain employees are “exempt” from overtime pay requirements. However, most employers are not fully aware of how their pay practices may inadvertently destroy an employee’s...more

Labor Letter - April 2013: Count The Cost Before Waging The War

When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more

Wage and Hour Laws - Are Your Employees Exempt or Non-Exempt?

Labor and employment lawyers expect the Department of Labor to increase the number of audits it conducts this year. To protect your business from lawsuits, fines and fees, you should review your exempt and non-exempt job...more

Inside Sales Exemption Poorly Understood by Many Employers

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

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