California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
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Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL - As...more
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more
New York AG Letitia James reached a settlement with home care health agencies Intergen Health, LLC and Amazing Home Care Services, LLC (collectively “Agencies”) to resolve allegations that they failed to pay appropriate wages...more
On March 31, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act (VOWA) into law. Prior to this, Virginia did not have its own overtime law, which meant that only the overtime pay provisions of the federal Fair...more
On March 20, 2021, Governor Ralph Northam signed the Virginia Overtime Wage Act into law. Beginning on July 1, 2021, the Virginia Overtime Wage Act (“VOWA”) will go into effect resulting in new overtime rules far broader...more
As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more
The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more
In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more
Retailers are all too familiar with collective actions filed under the Fair Labor Standards Act (FLSA) making claims for unpaid overtime based on alleged misclassification of employees as exempt, working off the clock, or not...more
The United States Court of Appeals for the Eleventh Circuit recently held that an employer that has knowledge that an employee underreported his hours cannot assert equitable defenses based on the employee’s own conduct as a...more
On Tuesday, December 9, 2014, the U.S. Department of Labor (DOL) announced that it has reached agreement with numerous employers in the oil and natural gas industry in Pennsylvania and West Virginia to provide 5,310 workers...more
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
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
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
ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more
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
In Black v. SettlePou P.C., the Fifth Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt. In so doing, the Fifth...more
A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has...more
With the increasing focus on wage-and-hour litigation, the issue of an employee’s “regular rate” arises in most every case involving alleged unpaid overtime. It also factors into an employer’s payroll, each and every pay...more
Nakahata v. New York-Presbyterian Healthcare Sys., Inc., No. 11-0734 (2d Cir. July 11, 2013); Dejesus v. HF Management Services, LLC, No. 12-4565, 2013 WL 3970049 (2d Cir. Aug. 5, 2013): In a continuing trend in the Second...more
In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more
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
Imagine you are the personal assistant for the world’s most famous artist, Lady Gaga. You have the opportunity to travel the world, meet famous people and watch your boss hit the button to drop the “ball” in Times Square on...more
Court filing by Lady Gaga's former personal assistant, Jennifer O'Neill, claiming failure to pay overtime and premium wages in violation of the Fair Labor Standards Act (FLSA). According to the filing, O'Neill's primary...more