News & Analysis as of

Non-Exempt Employees

Jackson Lewis P.C.

Employers Assurance: 11th Circuit Clarifies Compensable Work Time Under Portal-to-Portal Act

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The U.S. Court of Appeals for the Eleventh Circuit has ruled that a temporary labor agency was not required to pay workers for the time they spent in employer-provided transit from the labor hall where they picked up work...more

Woods Rogers

Party Time! Do You Have to Pay Employees to Attend a Holiday Party?

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As employers prepare to celebrate the holiday season with their teams, wise HR professionals will consider whether their non-exempt employees must be paid for their time at a holiday party. ...more

Parker Poe Adams & Bernstein LLP

Employees Can Claim 2025 Tax Deduction for Some Overtime Pay

Among other employment measures, July’s One Big Beautiful Bill Act gives FLSA non-exempt workers a limited ability to deduct overtime pay from their federal taxes, retroactive to July 1, 2025. ...more

Steptoe & Johnson PLLC

FMLA Guidance: DOL Warns Against Shortchanging Employees’ Intermittent Leave Hours

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The Family and Medical Leave Act (FMLA) entitles eligible employees to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons. That premise seems simple enough, but the FMLA is riddled...more

Fisher Phillips

Holiday Headaches to Avoid: Safety and Pay Practices Businesses Should Consider for the Colder Months Ahead

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With the winter season and snowier conditions just around the corner, is your business prepared for the cold weather safety and leave requests that are also on the forecast? When snow or ice makes it difficult for staff to...more

Phelps Dunbar

New Oyster Cult: Giving (Tip) Credit to the Frontman

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DOL’s latest opinion letter cracks open tip pooling rules for customer-facing oyster shuckers. The world of tip pooling under the Fair Labor Standards Act (FLSA) is a perennial source of confusion and litigation for...more

Constangy, Brooks, Smith & Prophete, LLP

Wage-hour opinion letters address tip pooling, emergency pay, and FLSA and FMLA compliance

On September 30, before the federal government shutdown, the Wage and Hour Division of the U.S. Department of Labor issued four opinion letters on issues of interest to employers. All four of the letters were written by...more

Cooley LLP

Key Employment Considerations for Government Contractors Navigating a US Government Shutdown

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Federal contractors may face a variety of workforce compliance challenges during the current US federal government shutdown. These challenges include understanding and meeting obligations under federal and state wage and hour...more

Littler

Department of Labor Issues Opinion Letter on Calculating Overtime

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On September 30, 2025, the U.S. Department of Labor (DOL) issued an opinion letter containing important reminders about how to calculate overtime pay for non-exempt employees who earn amounts in addition to their base hourly...more

Seyfarth Shaw LLP

When Washington Goes Dark: What Federal Contractors Need to Know About the Shutdown

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The federal government has now shutdown as of midnight on Wednesday, October 1, 2025 with no money flowing to fund non-essential services. Private-sector employers with federal contracts may need to consider cost-saving...more

Foley & Lardner LLP

How the Government Shutdown Affects Your Business and Legal Cases

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Broader disruptions possible: Outcomes are challenging to predict. Furloughs could lead to permanent layoffs, and some law enforcement functions may be reprioritized. Essential agencies remain open: Defense, intelligence,...more

Weintraub Tobin

Wage Compliance Mistakes Could Cost You — Are You at Risk?

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One of the primary issues employers must navigate is determining how to pay their employees, and that process begins with correctly classifying them. Only a limited number of positions within any company, such as managers,...more

Akerman LLP - HR Defense

The “Right to Disconnect” in the U.S.? What Employers Need to Know About Emerging Proposals

Workplace laws are beginning to reflect a new reality: employees are connected to work around the clock through smartphones, messaging apps, and remote-work platforms. While many companies treat after-hours communication as...more

Bradley Arant Boult Cummings LLP

On the Road Again – When Travel Time is Compensable Work Time

Summer is over, kids are back in school, and parents (your hourly employees) are available again for more travel work. They may travel to meetings, job sites, and other locations regularly, occasionally, or once in a blue...more

Conn Maciel Carey LLP

[Event] In-Person Breakfast Briefing: Wage & Hour Update - September 17th, Washington, DC

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Navigating wage and hour compliance is more complex than ever. This complimentary, interactive in-person briefing goes beyond the basics to explore the real-world challenges employers are facing today. Led by our dedicated...more

Shipman & Goodwin LLP

Connecticut Public Schools Face Major Leave Law Changes This Fall – A Guide for Schools

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Starting October 1, 2025, Connecticut public schools will experience a significant shift in how they handle employee leave benefits. Public Act 25-174 extends two key state programs—the Connecticut Family and Medical Leave...more

Schwabe, Williamson & Wyatt PC

Alaska’s New Paid Sick Leave and Minimum Wage Law Takes Effect

Ballot Measure 1, passed by voters in the 2025 general election, is a voter initiative that (1) increases the minimum wage, (2) establishes the Alaska Paid Sick Leave Act (“Act”) to provide a minimum paid sick leave benefit...more

Fisher Phillips

3 New Laws for Virginia Employers Went Into Effect on July 1: Are You Prepared?

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July 1 marked the effective date for three new laws that will create new rights for workers and new obligations for employers in Virginia: - Expansion of Non-Compete Ban – Virginia employers are now prohibited from...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

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Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Davidoff Hutcher & Citron LLP

Meal and Rest Break Requirements for New York Restaurants: What Owners Need to Know

In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns....more

Offit Kurman

Virginia Expands Non-Compete Restrictions for Employers

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Virginia Governor Glenn Youngkin has signed Senate Bill 1218 into law, amending the state’s non-compete statute. Effective July 1, 2025, the updated law will broaden restrictions on non-compete agreements in Virginia....more

Pillsbury - CommLawCenter

Annual EEO Public File Report Deadline for Stations in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New...

June 1 is the deadline for broadcast stations licensed to communities in Arizona, the District of Columbia, Idaho, Maryland, Michigan, Nevada, New Mexico, Ohio, Utah, Virginia, West Virginia, and Wyoming to place their Annual...more

Amundsen Davis LLC

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

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On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:...more

Littler

Oregon Minimum Wage Increase Takes Effect July 1, 2025

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On July 1, 2025, Oregon’s automatic minimum wage increase for non-exempt employees will take effect. Under Oregon state law, the Oregon Bureau of Labor and Industries (BOLI) calculates an annual increase to the minimum wage...more

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