News & Analysis as of

Financial Advisors Advance Their Cause for Overtime Pay

According to Judge Frank Maas of the U.S. District Court for the Southern District of New York, the first step was taken in the settlement process between Merrill Lynch & Co. and over 500 field financial advisors. Recently...more

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

Once An Employee – Never A Volunteer

It should be obvious that employees cannot be required to perform services for their employers as “volunteers.” This is properly seen by the Department of Labor as a ruse to avoid paying wages or overtime. By contrast,...more

Government Contracts Quarterly Update - May 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice Group to inform our clients and friends of the latest developments in federal government contracting. In This...more

Labor & Employment E-Note - April 17, 2014

In This Issue: - Employers Face Increasing Number of Religious Bias Suits - Small Business Owners Concerned About Overtime Pay Requirements - Rising Number of Wage Theft Lawsuits Highlight Enforcement Issues -...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

Paying Elves And Interns!

Actually, internships may be a good option for Santa’s non-profit operation – so long as he does not pay a stipend or offer any benefits and clarifies whether interns are unpaid volunteers or paid employees. Paying a...more

Domestic Worker Bill of Rights

Assembly Bill 241 establishes overtime pay protection for domestic workers (i.e. nannies, housekeepers, and caregivers) employed by private individuals such that they are paid a rate of time-and-a half for all hours worked in...more

The FLSA's "8 and 80" Overtime Provisions: What You Need to Know

The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half times the employee's regular rate, based on 40 hours per seven-day workweek....more

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their...more

December 2013's review of the year

Sandra Wallace, Partner and Employment group head, highlights the most important legislative and case law developments from 2013 and identifies the key cases to watch out for in 2014. ...more

Wages for Furloughed Employees

As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more

U.S. DOL's Final Rule Limiting Domestic Services Imposes Heavy Burden On Household Direct Hires

Individuals and families who for years have directly employed domestic workers to care for elderly or ill family members will see their labor costs increase dramatically beginning January 1, 2015. Under the U.S. DOL's Final...more

Employers Must Pay Minimum Wage and Overtime to Home Care Workers They Jointly or Solely Employ

Many groups that have lobbied for change as it relates to home care aides seem to have received some victory. Specifically, the Labor Department announced a Final Rule on September 17, 2013 that extends overtime and wage...more

Take 5 Newsletter: Wage and Hour Update - October 9, 2013

- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more

Are You Paying More Than You Must?

Employers sometimes pay workers more than the federal Fair Labor Standards Act requires. Of course, some do so as a matter of choice. However, in other situations, this happens because management misunderstands what...more

California Increases Minimum Wage Next Year

Governor Jerry Brown recently signed into law a bill that will increase California’s minimum wage in two phases. Beginning July 1, 2014, the minimum wage for California employees will rise from the current $8 per hour to $9...more

Governor Brown Signs New Laws Affecting California Employers

Gov. Brown has signed into law a measure that will increase California’s minimum wage from $8.00 per hour to $9.00 per hour on July 1, 2014, and to $10.00 per hour on January 1, 2016. So, California employers must prepare for...more

Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who...more

Department of Labor Extends FLSA Minimum Wage and Overtime Protections to Direct Care Workers

On September 17, 2013, the U.S. Department of Labor announced a final rule extending the Fair Labor Standards Act's (FLSA) minimum wage and overtime protections to direct care workers. Direct care workers include home health...more

"Extra" Pay And Overtime Headaches

A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act. ...more

Change of working time rules in Poland: more flexibility for employers!

An amendment to the Labor Code, which will come into force on 23 August 2013, introduces new rules regarding "settlement periods" and working time schedules....more

Cracking the Door? The Eleventh Circuit Again Considers When Out-of-Court FLSA Settlements Are Enforceable

In 1982, the Eleventh Circuit Court of Appeals held in Lynn’s Food Stores, Inc. v. United States that employers and employees cannot settle claims under the Fair Labor Standards Act (FLSA) unless (1) the settlement is...more

Second Circuit Says that Overtime Claims Lacking Specificity Fail

On August 5, 2013, the U.S. Court of Appeals for the Second Circuit issued its third opinion since May of this year in Dejesus v. HF management Services, LLC, affirming the dismissal of Fair Labor Standards Act (FLSA) claims...more

Second Circuit Rules that a "Bare-Bones" Complaint Rephrasing the Text of the FLSA is Insufficient to State an Overtime Claim

In Dejesus v. HF Management Systems Services, LLC, No. 12-4565 (2d Cir. Aug. 5, 2013), the Second Circuit Court of Appeals affirmed the dismissal of plaintiff Ramona Dejesus’ (“Plaintiff”) Fair Labor Standards Act (“FLSA”)...more

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