News & Analysis as of

Bonuses State Labor Laws

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Amends LWPA to Address Commissions, Incentive Payment Plans, and Bonuses to Give Greater Flexibility to Employers

Governor Jeff Landry recently signed into law Act No. 556, which updates the Louisiana Wage Payment Act (LWPA) to address commissions and plans for incentive payments and bonuses. The new law becomes effective on August 1,...more

CDF Labor Law LLP

CDF Wage and Hour Task Force – Monthly Tips: Regular Rate of Pay Calculation - What needs to be included and why does it matter?

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This is the fourth post in our monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices. In California, non-exempt employees who are not...more

CDF Labor Law LLP

Appellate Court Holds That Percentage Bonuses Can Be Calculated Using FLSA Method

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In a pro-employer decision addressing the overlap of federal and California wage and hour law, the California Court of Appeal for the Second Appellate District upheld summary adjudication for the employer, finding that the...more

Sherman & Howard L.L.C.

CDLE Takes Position That “Present-to-Win” Commission/Bonus Clauses Are Not Permissible Under Colorado Law

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The Colorado Department of Labor and Employment (“CDLE”) recently released Interpretive Notice & Formal Opinion (“INFO”) #17, addressing payment of commissions and bonuses. INFO #17 puts Colorado employers on notice that the...more

Stoel Rives - World of Employment

Oregon Pay Equity Update: The Status of Hiring Bonuses

In the wake of the Covid-19 pandemic, the Oregon legislature amended the definition of “compensation” in the Oregon Equal Pay Act to temporarily exempt hiring/signing and retention bonuses from the limitations imposed by the...more

Fisher Phillips

Hiring Remote Employees in Louisiana? The 4 Main Laws You Need to Know

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With the rise in remote work, employers are finding themselves subject to a new set of laws based on each employee’s residence – and those finding themselves with workers in Louisiana are no exception. Our state has long held...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Department of Labor and Employment Releases a Slew of New Guidance

​​​​​​​The Colorado Department of Labor and Employment (CDLE) has been busy this summer with the release of several Interpretive Notice & Formal Opinions (INFOs), providing guidance on the evolving landscape of Colorado...more

Littler

New Obligations for Frontline Sector Employers through Minnesota’s Frontline Worker Pay Program

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On April 29, 2022, Minnesota Governor Tim Walz signed S.F. No. 2677 (2022) into law.  This law authorizes bonus payments to Minnesotans who worked in frontline sectors during the COVID-19 peacetime emergency.  This so-called...more

Fisher Phillips

Deadline Looming: Businesses with Minnesota Employees Need to Take 5 Steps to Comply with New Frontline Worker Bonus Pay Law

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Minnesota, a hotbed of COVID-19 at various times over the past two years, has a new law that recognizes the state’s frontline workers by offering them the chance to receive part of a $500 million bonus pool – and employers...more

Fisher Phillips

Minnesota Employers Need to Take 5 Steps to Comply with New Frontline Worker Bonus Pay Law

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Minnesota, a hotbed of COVID-19 at various times over the past two years, has a new law that recognizes the state’s frontline workers by offering them the chance to receive part of a $500 million bonus pool – and employers...more

Constangy, Brooks, Smith & Prophete, LLP

Regular Rate Must Be Paid For Missed Meal-Rest Periods, CA Supreme Court Says

Not the best news for employers. The California Supreme Court has issued a decision changing the way employers must compensate employees for missed meal and rest breaks under state law. In Ferra v. Loews Hollywood Hotel,...more

Fisher Phillips

A Not-So-Merry Christmas in Your Future? Nevada Legislature Limits the Contents of Public-Sector Employment Contracts

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Beginning on December 1, 2022, Nevada public employers will have new limitations placed on certain common elements contained in employment contracts. Governor Sisolak recently signed Assembly Bill 385 into law, prohibiting a...more

Akerman LLP - HR Defense

The Cost of Meal and Rest Break Violations Just Went Up for California Employers

California employers finally have clearer guidance on the implications of failing to comply with California’s meal and rest break requirements under the Labor Code. Most businesses in California are familiar with meal and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Reverses $100+ Million Wage Statement Ruling Against Walmart

On May 28, 2021, the Ninth Circuit Court of Appeals issued a significant ruling in Magadia v. Wal-Mart Associates, Inc., on both California’s wage statement laws and standing to pursue claims under the Private Attorneys...more

Littler

COVID-19 Labor & Employment Litigation Tracker (UPDATED)

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Since March 12, there have been 1,914 lawsuits (including 152 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus....more

Butler Snow LLP

Bonus Plans for Louisiana Employees Must Comply with Louisiana Wage Payment Statute

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The Louisiana Wage Payment Act (“LWPA”), La. R.S. 23:631, et seq., requires an employer who discharges an employee to promptly pay the employee the amount due under the terms of employment. The LWPA also prohibits an employer...more

Jaburg Wilk

What Happens if Bonuses or Commissions are Not Paid in Arizona?

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Arizona law with respect to payment of bonuses and/or commissions is not always clear. There are many issues for both the employer and employee to consider. Below is a summary of some of things both parties should consider in...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

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Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Holland & Hart - The Benefits Dial

Walk this way…to avoid the pitfalls of ERISA

Companies implement bonus plans to meet a variety of business objectives: retention, specific company business goals, change of control, and others. In designing bonus plans, there are a variety of legal fields that must be...more

Seyfarth Shaw LLP

Regular Rate Refresh: Calculating Overtime for California Employees

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Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation...more

Seyfarth Shaw LLP

Overtime! DOL Final Rule Adds More Eligible Receivers

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Seyfarth Synopsis: The United States Department of Labor (DOL) released its final overtime rule on Tuesday, September 24, 2019, increasing the minimum salary level for exempt status to $35,568 per year for a full-time...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota DLI Issues Updated FAQ on Wage Theft, Other Employer Expectations

In late July 2019, the Minnesota Department of Labor and Industry (DLI) released an update to its FAQ on Minnesota’s new wage theft law, including 37 new questions and answers to further clarify what is expected of employers...more

Seyfarth Shaw LLP

Regulatory Spring: Rulemaking by the Wage & Hour Division

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Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more

Seyfarth Shaw LLP

Oh, The Places The California Supremes Will Go!

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Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v....more

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