News & Analysis as of

Exempt-Employees

Pennsylvania Overtime Rules Will Be in Flux

by Cozen O'Connor on

Remember all the confusion and upheaval when the Obama administration proposed sweeping changes to the salary thresholds for exemption from overtime pay until a federal court shot down the effort on the eve of its effective...more

California Employers: Know and Comply With New Laws Affecting Your Business in 2018

by Faegre Baker Daniels on

Following its pattern in recent years, in 2017 the California legislature enacted many new laws affecting California employers. The new laws address several topics, including: - Broader gender-related discrimination,...more

Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours

by Fox Rothschild LLP on

I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working...more

Minimum Wage Increases Now in Effect

Nothing says Happy Holidays like a pay raise! Here is a summary of some of the states and localities with significant increases in their minimum wage rates as of January 1, 2018. California Effective January 1, 2018, the...more

California Statewide and Local Minimum Wage Rates to Increase in 2018

California's minimum wage rate increased on January 1, 2018, to $11.00 per hour for businesses employing 26 or more employees and $10.50 per hour for those with 25 or fewer employees. The increase is a result of California...more

When Is A Seemingly Exempt Employee Not Truly Exempt?

by Foley & Lardner LLP on

Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

2017 Employment and Labor Law Final Exam Answer Key

by Nexsen Pruet, PLLC on

Thank you to everyone who participated in Nexsen Pruet’s 2017 Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to our winners for being selected from the pool of perfect...more

New Year, New Minimum Wage Rates in California

Beginning January 1, 2018, the new California minimum wage rate for employers with 26 or more employees will be $11.00 per hour and the new California minimum wage rate for employers with 25 or fewer employees will be $10.50...more

New York Rings In New Year With Wage & Hour Presents: A Preview Of Upcoming Changes

by Jackson Lewis P.C. on

While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York...more

New Year’s Surprise: Seattle Changes Paid Sick Leave Law At Last Minute

by Fisher Phillips on

Washington employers are already under the gun to develop policies and practices to meet the requirements of the state’s new paid sick law that takes effect on January 1, 2018. Those with multiple Washington locations have...more

Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on...

by Bond Schoeneck & King PLLC on

Although the minimum wage rate under the Fair Labor Standards Act remains $7.25 per hour and the U.S. Department of Labor’s efforts to raise the minimum salary to qualify for a white-collar exemption under federal law have...more

FMLA Requires Written Agreement With Exempt Employees for Intermittent Leave Calculation

Under the Family and Medical Leave Act, employees are entitled to take intermittent leave to deal with a serious health condition. The intermittent leave can be in increments as small as one hour. The employer must maintain...more

Exempt Employee Pay Minimums Will Increase in 2018 in Various States

by Littler on

As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professionals for exemption from the Fair Labor Standards...more

Unpaid Disciplinary Suspensions Require a Careful Reading of Federal and State Law

Counseling and written warnings are common steps employers take to address employee attendance issues (such as habitual tardiness) or performance issues (such as failing to complete assigned work on time). But what if the...more

Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA...more

New York State’s Minimum Wage and Tip Credits Will Increase Effective December 31, 2017

As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the...more

Are Underwriters Exempt From Overtime Requirements? Supreme Court Leaves Question Open

by Faegre Baker Daniels on

Are underwriters exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements? Financial services companies may assume so. But a recent Ninth Circuit decision—along with the Supreme Court’s refusal on November 27...more

Déjà Vu All Over Again? DOL Appeals Overtime Rule

by SmithAmundsen LLC on

At this time last year, employers across the country were preparing for implementation of the DOL Final Overtime Rule, which would have more than doubled the minimum salary level for exempt employees. At the eleventh hour,...more

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more

Salary-Threshold Autopilot Still Possible

by Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

The Beat Goes On For The New USDOL Overtime Rule

by Fox Rothschild LLP on

I remember with fondness the Sonny & Cher song, “The Beat Goes On.” That song could be easily applied to the saga of the USDOL overtime rule, which continues. Although the proposed rule has been shot down by the Fifth...more

Puerto Rico’s New Post-Hurricane Guidance: A How-To on Paying Exempt and Non-Exempt Workers

On October 17, 2017, the Secretary of the Puerto Rico Department of Labor and Human Resources (Secretary of Labor) published Opinion No. 2017-001, providing further guidance to private-sector employers on how they should...more

Big Commissions & FLSA Omissions: How Employers Could Be Required to Pay Six-Figure Earners Overtime Wages

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision highlights why the FLSA is not always the remedial statute created to protect low-income workers by holding that four commission-based sales representatives, each earning six figures, were...more

The Federal Overtime Rule Stalls and State Minimum Wage and Overtime Rules Rev Up

As we previously reported, a federal district judge’s invalidation of the Obama-era overtime rules – which proposed a sharp increase in the salary threshold for exempt employees, expanding overtime pay to millions of workers...more

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more

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