News & Analysis as of

Wages Non-Exempt Employees Exempt-Employees

Schwabe, Williamson & Wyatt PC

Department of Labor’s Proposed Changes to Overtime Eligibility Criteria

On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more

Davis Wright Tremaine LLP

California's 2021 Minimum Wage Increase to Impact Exempt and Nonexempt Employees (Updated)

Update May 12, 2021: This advisory has been updated to include the latest information on California local minimum wage rates. A new year means new changes to California's minimum wage laws. California employers should take...more

Jackson Lewis P.C.

Time To Review Employee Wages And Salaries For 2021

Jackson Lewis P.C. on

The California 2020 legislative session has closed, and employers should be preparing for 2021 by updating policies and procedures. Employers should ensure that the minimum wage for non-exempt employees’ wages will be...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

Seyfarth Shaw LLP on

Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Cozen O'Connor

Severe Flu Season Creates HR Challenges

Cozen O'Connor on

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are...more

Littler

Hurricane Irma: 10 Challenges for Employers

Littler on

Hurricane Irma shows no sign of relenting as it barrels toward Florida and the Southeast Coast of the United States. As noted in a prior Littler article about Irma, safety and security are the top priorities at this point....more

Foley & Lardner LLP

Monopoly Money or the Real Deal? Exploring the Possibility of Paying Employees in Bitcoin

Foley & Lardner LLP on

Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more

Littler

Federal Overtime Rule Injunction Calls for State-Level Attention

Littler on

Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

Morgan Lewis on

Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Carlton Fields

The Potential Impact Of a Trump Presidency on Employers

Carlton Fields on

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

Lowndes

Looking Ahead: President Trump, the Overtime Rule, and Other Impacts on the Employment Landscape

Lowndes on

The U.S. Department of Labor’s new overtime rule will take effect December 1st unless a federal judge in Texas issues an injunction after a hearing next week in an action challenging the rule. In the meantime, employers must...more

Littler

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

Littler on

On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more

Franczek P.C.

Determining When a Commission is "Earned" When Calculating the Regular Rate

Franczek P.C. on

In our last post, we discussed the calculation of the “regular rate” and some of the complexities of determining what constitutes “remuneration” under the Fair Labor Standards Act (FLSA). Commission is one of the additional...more

Stoel Rives LLP

Uncharted Territory: Seattle’s $15 Minimum Wage Ordinance

Stoel Rives LLP on

The City of Seattle’s Minimum Wage Ordinance is set to take effect April 1, 2015.  When it does, Seattle will have the highest minimum wage in the nation, outpacing larger metropolises like San Francisco and New York City....more

Franczek P.C.

Working Two Jobs to Make Ends Meet: Paying Employees Working Exempt and Non-Exempt Jobs

Franczek P.C. on

Back in 2012, my colleague Bill Pokorny discussed how to properly pay a non-exempt employee who worked two jobs for an employer. This past week, one of my other colleagues and I were discussing a twist on this situation: what...more

Burr & Forman

Fair Warning: 10 Common Mistakes to Avoid under the Fair Labor Standards Act

Burr & Forman on

Most healthcare employers have probably heard of the Fair Labor Standards Act ("FLSA") and most probably think it is pretty simple. Doesn't that law just deal with prohibiting child labor and paying overtime wages to hourly...more

Laner Muchin, Ltd.

President Obama Directs USDOL To Revamp FLSA Overtime Exemptions So More Employees Are Eligible For Overtime Pay

Laner Muchin, Ltd. on

On March 13, 2014, President Obama signed a Memorandum directing the U.S. Department of Labor (USDOL) to revamp the regulations regarding who qualifies for overtime under the Fair Labor Standards Act (FLSA). The FLSA...more

Franczek P.C.

Can We Define "Full Time" To Mean Something Less Than 40 Hours Per Week?

Franczek P.C. on

Q. Under the Fair Labor Standards Act (FLSA), do we have to define “full time” to mean 40 hours per week, or is that left to employers’ discretion? Can we maintain a 40-hour standard for wage and hour purposes, but have a...more

Mintz - Employment, Labor & Benefits...

Winter Weather Woes: What are My Obligations to Pay Employees During Inclement Weather?

Last week’s “polar vortex” brought record low temperatures to many parts of the country and shut down offices in numerous cities. Estimates suggest that the frigid weather could cost the U.S. economy up to $5 billion. We have...more

Mintz - Employment, Labor & Benefits...

New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based...

True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the...more

Obermayer Rebmann Maxwell & Hippel LLP

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

Akerman LLP - HR Defense

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

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