News & Analysis as of

Minimum Salary

Employment Law - May 2018

California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test - The Dynamex Ruling - In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California...more

Employment Law - April 2018 #2

Ninth Circuit: Prior Salary Can’t Justify Wage Differential - Why it matters - Noting that “[s]alaries speak louder than words,” the en banc U.S. Court of Appeals, Ninth Circuit ruled that employers may not justify a...more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Pension plan amendment did not violate ERISA or ADEA

In Teufel v. Northern Trust Co. (April 11, 2018), the US Court of Appeals for the Seventh Circuit confirmed that a prospective change in the benefit formula for a defined benefit pension plan constituted neither an...more

Supreme Court Classifies Service Advisors as Exempt under FLSA

In a 5-4 decision issued yesterday, the United States Supreme Court ruled that service advisors who work for auto dealerships are not entitled to overtime under the Fair Labor Standards Act (“FLSA”). The Court’s ruling in...more

Supreme Court Rejects Narrow Interpretation of FLSA Statutory Exemptions

by Holland & Knight LLP on

• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). • The Court held...more

Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers seeking to show that they correctly have classified an employee as exempt from the FLSA’s overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions...more

Supreme Court Decides Encino Motorcars, LLC v. Navarro

by Faegre Baker Daniels on

On April 2, 2018, the Supreme Court decided Encino Motorcars, LLC v. Navarro, No. 16-1362, holding in a 5-4 decision that the Fair Labor Standards Act (FLSA) exempts service advisors at car dealerships from the Act’s...more

Supreme Court Rejects "Narrow Construction Principle" in Cases Interpreting Fair Labor Standards Act Exemptions

by Faegre Baker Daniels on

In a case analyzing a limited-use exemption to the overtime requirements of the Fair Labor Standards Act (the exemption at issue applies to salesmen and mechanics primarily engaged in selling or servicing automobiles), the...more

Supreme Court Exemption Decision Could Have Broader Repercussions

by BakerHostetler on

Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor Standards Act’s (FLSA) exemption for those selling or servicing automobiles...more

Overtime Plaintiffs Get Legal Smackdown (Suspended)

Remember the 2016 Overtime Rule? They sued over that? Last summer, I wrote about Alvarez v. Chipotle Mexican Grill, Inc., a class and collective action alleging that Chipotle violated the Overtime Rule issued by the Obama...more

Massachusetts Attorney General Provides Guidance On Equal Pay Law

by Hinshaw & Culbertson LLP on

Recently, the Massachusetts Attorney General, Maura Healey, issued guidance to assist employers in complying with the state’s Equal Pay Act (“MEPA”), which goes into effect on July 1, 2018. The 30-page guidance is...more

Department of Labor Wants Employees to Get PAID

by Harris Beach PLLC on

Earlier this month, the Federal Department of Labor (“DOL”) announced a new pilot program for employers to audit and self-report their payroll practices to the DOL. The program is dubbed the “Payroll Audit Independent...more

SEC Reporting & Compliance and Corporate Governance Series

On February 13, 2018, Skadden hosted a webinar titled “ SEC Reporting & Compliance and Corporate Governance Series: Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” Executive...more

Best in Law: Understanding California's New Employment Laws - Partner Joseph Ortiz Provides Update in the Press-Enterprise

by Best Best & Krieger LLP on

California lawmakers had a busy 2017 addressing various employment issues. A majority of these new laws took effect Jan. 1. If you are an employer and are not yet in compliance, immediate action should be taken to review your...more

Are Construction Project Supervisors Exempt from the FLSA’s Overtime Requirements?

The Answer: It depends on the facts and circumstances of each case. However, two recent reissued opinion letters from the United States Department of Labor’s Wage and Hour Division (WHD) provide construction companies...more

What Can We Expect From The Department Of Labor In 2018?

by Shipman & Goodwin LLP on

2018 is likely to see activity from the Department of Labor to increase the minimum salary amounts for overtime exempt employees. As you may recall, one of the most significant developments out of the Department of Labor in...more

Potential Changes On The Horizon For Pennsylvania Wage And Hour Law

by Pepper Hamilton LLP on

Q. Have there been any recent changes to the overtime pay rules that we have to be concerned about? A. Currently, under both federal and Pennsylvania law, to be exempt from overtime under the “white collar exemptions,”...more

WPI Wage Watch: Minimum Wage & Overtime Updates (January Edition)

by Littler on

2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more

Four Employment Law Issues to Watch in 2018

by Zuckerman Spaeder LLP on

1. Does Title VII Protect Against Discrimination Based on Gender Identification or Sexual Orientation? The Supreme Court has not yet resolved whether Title VII of the Civil Rights Act—which forbids discrimination in...more

Pennsylvania Announces Plans to Make More Workers Eligible for Overtime

It’s like déjà vu all over again. It seems like just yesterday, but it’s nearly four years ago that then-President Barack Obama directed the U.S. Department of Labor (“DOL”) to “modernize and streamline” the Fair Labor...more

Pennsylvania to Update Overtime Salary Threshold and Duties Tests

On January 17, 2018, Pennsylvania Governor Tom Wolf announced an initiative to “modernize” Pennsylvania’s overtime rules. Governor Wolf has directed the Pennsylvania Department of Labor and Industry to develop a plan to...more

Pennsylvania Court Decision Highlights the “Do’s and Don’ts” of Paying Non-Exempt Employees on a Salary Basis

Under the Fair Labor Standards Act (“FLSA”), employers are permitted to pay non-exempt employees a fixed salary to cover straight-time earnings for all hours worked in a week, provided several conditions are met...more

Pennsylvania Governor Seeks To Expand Overtime Pay To Currently Exempt Employees

by Jackson Lewis P.C. on

Frustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have...more

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