News & Analysis as of

Lump Sum Payments Wage and Hour

Epstein Becker & Green

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

Epstein Becker & Green on

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more

Akerman LLP - HR Defense

Department of Labor Opinion Letters Provide Employers a Roadmap to FLSA Compliance

Last week, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued two new opinion letters which clarify how employers should calculate the overtime rate when employees are paid lump-sum bonuses and when employers...more

FordHarrison

DOL Issues Opinion Letters Providing Guidance on Nondiscretionary Lump Sum Bonuses and Per-Project Payments

FordHarrison on

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on January 7, 2020, addressing questions regarding overtime calculation for nondiscretionary lump sum bonuses and per-project...more

Littler

Latest Set of DOL Opinion Letters Clarify FLSA Salary Basis and Overtime Calculations, FMLA Eligibility Determinations for Public...

Littler on

Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more

Burns & Levinson LLP

Recent Case Invalidates Many Dealership Sales Person Pay Plans: What You Need to Know to Stay in Compliance

Burns & Levinson LLP on

On May 8, 2019, the Massachusetts Supreme Judicial Court (the “SJC”) issued an important decision concerning the interpretation of the Massachusetts Wage Act, and related regulations. The decision issued by the SJC, titled...more

Fisher Phillips

Tackling Employee Expense Reimbursements Under New Illinois Law

Fisher Phillips on

Illinois employers are collecting receipts and preparing payments to comply with new legislation that requires employers to reimburse employees for business expenses incurred by the employee during the scope of employment....more

Bradley Arant Boult Cummings LLP

Reunited and It Feels So Good—The DOL’s Opinion Letters Are Back (Part 3 of 3)

When Lump-Sum Payments to Employees are Earnings for Garnishment Purposes - Welcome to Part 3 of our series on the Department of Labor’s three new opinion letters. We previously looked at the opinion letters on FMLA...more

Fisher Phillips

The Advent of FLSA Guidance

Fisher Phillips on

It has been a busy month for the U.S. Department of Labor (USDOL) with respect to, among other things, the federal Fair Labor Standards Act (FLSA). From enforcement programs to compliance resources, the agency has stepped up...more

Weintraub Tobin

Are You Doing It Right? California Supreme Court Clarifies Overtime Rate Calculations

Weintraub Tobin on

It is an old joke that the world can be divided into people who are good at math and those who go to law school. Whether you believe the joke or not, math – or in this case, simple arithmetic – can be at the heart of many...more

Payne & Fears

Key California Employment Law Cases: March 2018

Payne & Fears on

This month’s two key California employment law cases are both significant decisions involving wage and hour laws. Alvarado v. DART Container Corp. of Cal., 4 Cal. 5th 542 (2018) - Summary: California formula for...more

McAfee & Taft

Minimizing liability for overpayment, underpayment of wages

McAfee & Taft on

Overpayment of wages is more common than you may think. For example, inadvertent overpayment may occur in the context of processing new hire, promotion or revised benefit election paperwork. Regardless of the reason,...more

McAfee & Taft

DOL issues guidance on breaks, travel time, and earnings subject to garnishments

McAfee & Taft on

For more than 70 years, the U.S. Department of Labor’s Wage and Hour Division provided employers and attorneys with a valuable resource for determining how to comply with the federal laws and regulations the agency enforces....more

Littler

DOL Issues Three Opinion Letters and One Fact Sheet

Littler on

On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay,...more

Stinson LLP

DOL Offers Additional Guidance on FLSA Compensable Travel Time, Rest Breaks and Garnishments in New Opinion Letters

Stinson LLP on

Returning to its long-standing practice of issuing opinion letters (which had ceased in 2010), and after reissuing 17 previously withdrawn opinion letters on January 5, 2018, the Department of Labor (DOL) yesterday issued...more

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

WHD Opinion Letter Finally Resolves Question Surrounding Lump-Sum Payments and Garnishments

Most employers receive a garnishment from time to time, and some employers receive a lot of them. It is the employer’s legal obligation to administer garnishments exactly, and liability arises for the employer for...more

Fox Rothschild LLP

California Rejects Federal ‘Regular Rate Of Pay’ Rules

Fox Rothschild LLP on

A recent California Supreme Court opinion highlights how employers following federal law can run afoul of California wage and hour requirements. The issue in Alvarado v. Dart Container Corporation of California involves...more

Fox Rothschild LLP

California Supreme Court Clarifies Overtime Calculation

Fox Rothschild LLP on

Calculating the correct overtime pay rate in California has long been a complicated process. The basic overtime rate is defined as one and a half times an employee’s “regular rate” of pay. This purportedly “regular” figure...more

Farella Braun + Martel LLP

California Supreme Court Confirms Special State Rule on Calculating Overtime Premiums Arising From Bonuses

In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more

Payne & Fears

California Supreme Court Clarifies Calculation of Overtime on Flat Sum Bonuses

Payne & Fears on

On March 5, 2018, in a unanimous decision, the California Supreme Court in Alvarado v. Dart Container Corporation of California clarified how employers must calculate the regular rate of pay for purposes of compensating an...more

Foley & Lardner LLP

Tax Reform/Tax Cuts, Who Cares? Tax Gross Up Damages Are Available Under Title VII

Foley & Lardner LLP on

Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who...more

Littler

Ninth Circuit Orders Gross Ups for Back Pay Award

Littler on

In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax...more

Franczek P.C.

IRS to Prohibit Lump-Sum Cashout Windows for Pension Plan Retirees

Franczek P.C. on

As described in a prior alert, the IRS issued Notice 2015-49, which abruptly announces the IRS’s intention to prohibit lump-sum cashout windows for pension plan retirees already in pay status. The IRS intends to prohibit...more

22 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide