In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020 - and future years if available - along with the related...more
On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent...more
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). ...more
On March 14, 2019, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued two new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA). The first opinion letter addresses wage...more
In 2019, a number of states’ minimum wage rates will increase. The below chart summarizes the rates that will increase for certain states (and several localities) at any time during 2019, including all state changes that will...more
On July 1, 2018, a number of states’ and localities’ minimum wage increases went into effect. The chart below summarizes state and locality mid-2018 minimum wage increases—as well as Delaware’s impending minimum wage...more
On July 1, 2018, a number of localities in California saw their minimum wages increase. The chart below summarizes locality mid-2018 minimum wage increases, as well as Berkeley’s impending minimum wage increase, which will...more
In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced...more
In 2016, 17 states and the District of Columbia implemented increased minimum wage rates. This year, even more states are scheduled to do so....more
In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the...more
Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016....more
On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more
9/1/2015
/ Administrative Interpretation ,
Best Management Practices ,
Construction Industry ,
Construction Workers ,
Contractors ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Right to Control ,
Subcontractors ,
Wage and Hour
Minnesota recently passed “ban the box” legislation, which will restrict private employers’ ability to ask about applicants’ criminal backgrounds on employment applications. Signed by the Governor on May 15, 2013 and...more
In this, our final post in this blog series on wage and hour issues in the 21st century, we address another frequent area of concern for employers: exempt employees....more
Telecommuting has become a popular work option for several employers in the recent past. Reasons that employers and employees may consider telecommuting as an option include: increase in flexibility of hours worked, more...more
Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate...more
Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge....more
In this, our fifth post in this series discussion on wage and hour issues in the 21st century, we address one of the latest and greatest threats to employers in the Fair Labor Standards Act (FLSA) arena: meal breaks. Although...more
In this post—our third in a series on wage-and-hour issues in the 21st Century—we focus on the tools of the trade, so to speak. It is important to understand what counts as “hours worked” and what may or may not count, to...more
In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that...more
Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non-exempt employees. With the number of lawsuits involving...more