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
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 construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in New Jersey where an entity (and its...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
Gig economy companies based on an independent contractor model beware. On December 14, 2016, a federal court in Pennsylvania denied a motion to dismiss an “on-call” wage claim in a class action lawsuit filed against Uber by...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
The U.S. District Court for the Northern District of California denied plaintiff’s motion to remand, holding that plaintiff’s claim for unpaid wages and overtime satisfied CAFA’s amount-in-controversy requirement. ...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 UK Employment Appeal Tribunal (the “EAT”) has ruled that overtime payments, even if they are not guaranteed, must be included in calculating the rate at which holiday is paid to employees. The decision has significant...more
Three years ago, the California Supreme Court addressed the scope of California’s overtime regulations contained in the California Labor Code and Wage Orders promulgated by its Industrial Welfare Commission. Sullivan et al v....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
The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more
We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...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
More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....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
The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more
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
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
Every new year brings employment law changes for California’s employers and, while the Affordable Care Act has taken the spotlight for 2014, a vast array of employment laws deserve special attention from California employers...more
Back in October, we reviewed a number of California cases that, for the most part, denied certification in cases in which certification would have largely been a foregone conclusion only a few years ago. The first few days of...more
California’s 20122013 Legislative Session concluded with the enactment of a variety of new laws that will affect California employers. In light of these developments, summarized below, California employers should review...more
In the course of two months, two separate Fifth Circuit panels have issued decisions that call into question the application of the fluctuating workweek (FWW) method in suits for unpaid overtime based on misclassification. In...more