News & Analysis as of

Misclassification Exemptions Wage and Hour

Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

Mayer Brown on

On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

Bradley Arant Boult Cummings LLP

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Nossaman LLP

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

Littler

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

Littler on

As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

Fisher Phillips

It’s All-AB-5, All-The-Time, As The California Legislature Returns

Fisher Phillips on

After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more

Akin Gump Strauss Hauer & Feld LLP

Reminder: New California Employment Laws Going Into Effect January 1, 2020

• Numerous new California laws going into effect on January 1, 2020, will impact employers and employees. • The most significant laws include a new employee classification law, extension of the statute of limitations for...more

Holland & Knight LLP

New California Law Codifies – and Expands – Strict ABC Test for Independent Contractor Status

Holland & Knight LLP on

California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more

Hogan Lovells

Out of the Frying Pan: California’s New Contractor Law Answers Some Questions, Creates Many More

Hogan Lovells on

On September 18, 2019, California Governor Gavin Newsom signed into law a bill that attempts to settle some of the ambiguity that remained surrounding the California Supreme Court’s decision in Dynamex and its “ABC Test.”...more

Buchalter

AB 5 – The Legislature’s Solution to Solving Your Questions on Proper Use of Independent Contractors

Buchalter on

The long-awaited legislation that is intended to provide clarification on the use of independent contractors for businesses in California has now been signed into law. Assembly Bill (“AB”) 5 codifies, clarifies, and grants...more

Stokes Wagner

California Likely to Codify Dynamex in New Bill Ab-5

Stokes Wagner on

On April 30, 2018, the California courts rocked the State’s labor and employment landscape with the decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (“Dynamex”). The court’s decision changed the way...more

BakerHostetler

California Supreme Court (!) Issues Strong Pro-Defense Wage and Hour Class Action Decision

BakerHostetler on

“Depending on the nature of the claimed exemption and the facts of a particular case, a misclassification claim has the potential to raise numerous individual questions that may be difficult, or even impossible, to litigate...more

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