News & Analysis as of

Minimum Wage › Sales Commissions › Fair Labor Standards Act (FLSA)

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

Constangy, Brooks, Smith & Prophete, LLP on

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Bricker Graydon LLP

DOL Finalizes New Overtime Rule For White-Collar Exemptions: 1.3 Million Additional Workers Will Be Eligible For Overtime Pay...

Bricker Graydon LLP on

On September 24, 2019, the United States Department of Labor (DOL) issued its final rule revising the overtime exemptions that cover employees designated as executive, administrative and professional – the so-called...more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

Proskauer - Law and the Workplace on

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Proskauer - Law and the Workplace

Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says

Proskauer - Law and the Workplace on

On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Sheppard Mullin Richter & Hampton LLP on

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir....more

Mintz - Employment Viewpoints

Sixth Circuit Draws the Line: Draws on Future Commissions and Post-Termination Payback Policies

Mintz - Employment Viewpoints on

Employers beware. A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis. In Stein...more

Fisher Phillips

Are "Draws" Against Commissions Unlawful "Kick-Backs"?

Fisher Phillips on

Media reports have mistakenly suggested that a recent decision by the Sixth Circuit U.S. Court of Appeals (Kentucky, Michigan, Ohio, and Tennessee) found the federal Fair Labor Standards Act to prohibit recouping a draw or...more

Parker Poe Adams & Bernstein LLP

Employer Can Use Draw-On-Commissions but Cannot Require Repayment Upon Termination

Parker Poe Adams & Bernstein LLP on

On October 12, the Sixth Circuit Court of Appeals partially approved and partially rejected an unusual pay plan designed to satisfy federal minimum wage requirements. In Stein v. HHGregg, Inc., the employer placed retail...more

Baker Donelson

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

Baker Donelson on

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Foley & Lardner LLP

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Foley & Lardner LLP on

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Morgan Lewis

Hot Topics in Wage and Hour Compliance

Morgan Lewis on

Employers should consider these recommendations for handling uniform purchase and maintenance costs, unpaid interns, and minimum wage requirements. UNIFORM PURCHASE AND MAINTENANCE COSTS Problem/Issue Employees...more

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