News & Analysis as of

Compensation Agreements Wage and Hour

Fisher Phillips

Despite Uncertain Times, California Employers Must Seek Creative Solutions for Resolving Wage and Hour Claims

Fisher Phillips on

In California, wage and hour claims are more common than claims of wrongful termination and harassment. Fortunately, employers have had a variety of forums in which to resolve wage and hour claims. Because litigation can be...more

Littler

Germany: Performance Target Agreements and Objectives

Littler on

Employees in Germany with a bonus arrangement can claim variable compensation if they meet their agreed-upon or specified performance targets. The level of variable compensation upon full achievement of these targets is...more

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

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of...more

Seyfarth Shaw LLP

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

Seyfarth Shaw LLP on

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more

Carlton Fields

In Battle Over Employment Compensation, Second Circuit Affirms District Court Decision To Deny Arbitration

Carlton Fields on

On interlocutory appeal, the Second Circuit affirmed a district court decision denying arbitration because a later-signed compensation agreement did not retroactively apply as it contravened the intent of a prior independent...more

Proskauer - Government Contractor Compliance...

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal...more

Burns & Levinson LLP

Don’t Let a “Bonus” Become a “Wage” (Under the MA Wage Act)

Burns & Levinson LLP on

As I have previously warned in prior blog, the Massachusetts Wage Act exposes a company and individuals having management responsibility for the company to mandatory treble damages and attorneys’ fees for failing to pay...more

Manatt, Phelps & Phillips, LLP

New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours

On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a...more

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