News & Analysis as of

Non-Exempt Employees

Key California Employment Law Cases: March 2018

by 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

U.S. Supreme Court Restores Status Quo For Automobile Service Advisors

by Tonkon Torp LLP on

On April 2, 2018, the United States Supreme Court, in a 5-4 decision, resolved a circuit split by concluding that auto dealership service advisors are exempt from the overtime requirements under the federal Fair Labor...more

II-30- Tackling 3 Big Wage and Hour Questions for Employers

by Cozen O'Connor on

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Supreme Court Rejects “Narrow” Reading of Overtime Exemption and Concludes that Auto Dealership Service Advisors are Exempt From...

by Bryan Cave on

On its second trip to the U.S. Supreme Court, a six-year-long dispute between five auto dealership employees and their employer came to an end when the Supreme Court found that the employees were properly classified as exempt...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

Winter Weather and Employee Challenges

Winter is coming…still. Some parts of the state are expected to receive possible snow squalls as well as a potential rain/snow storm in the weeks to come. Weather conditions such as these often create challenges with...more

California Supreme Court Rules on Non-Exempt Employee Bonuses

California non-exempt employees may have a new “regular rate of pay” following a recent California Supreme Court decision. A non-exempt employee’s “regular rate of pay” is important because it is the basis for determining...more

California Supreme Court Rules on Overtime Rate Calculation for ‘Flat Sum’ Bonus

by Morgan Lewis on

The March 5 ruling, which will apply retroactively, establishes a method that will result in a much higher overtime rate than the federal method. California employers who pay flat sum or other similar bonuses to nonexempt...more

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

by Jackson Lewis P.C. on

In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...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

Commonly Overlooked and Misunderstood Aspects of California Wage and Hour Law

by Davis Wright Tremaine LLP on

California’s wage and hour laws are constantly evolving. This advisory highlights the following areas: - Overtime and Double Time for Non-Exempt (Hourly Paid) Employees. Daily and weekly overtime requirements:...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

Supreme Court (Re)hears Oral Argument On Application Of Automobile Dealer Exemption To Service Advisors

by Jackson Lewis P.C. on

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro. At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer”...more

When Are Unpaid Internships Allowed Under the FLSA? DOL Revises Test

by Faegre Baker Daniels on

For-profit organizations have new guidelines to follow when determining whether they must pay interns. On January 5, 2018, the U.S. Department of Labor (DOL) issued a new test for determining whether interns must be paid or...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

What Requirements Washington Employers Need to Know About State Paid Sick Leave Law That Becomes Effective January 1, 2018

by Garvey Schubert Barer on

A new statewide leave law that has taken many employers by surprise - In November 2016, Washington voters passed Initiative 1433, best known for increasing Washington’s minimum wage to one of the highest in the nation....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

New York DOL Proposes New Regulations for “Call-In” Pay and Employee Scheduling

by Hogan Lovells on

New York employers may soon be subject to new scheduling and pay requirements pertaining to their non-exempt employees who work “on-call” shifts. New York Governor Andrew Cuomo recently announced that the New York State...more

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

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

Time to Think About Holiday Bonuses

by Foley & Lardner LLP on

Halloween has passed and we are now squarely approaching the holiday season. While this time of year brings many good things, it can also bring unwanted headaches for employers wanting to spread some “holiday cheer,”...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

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

527 Results
|
View per page
Page: of 22
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.