News & Analysis as of

Non-Exempt Employees Fair Labor Standards Act (FLSA) Minimum Wage

NAVEX

The Department of Labor Overtime Rule: A Compliance Guide for SMBs

NAVEX on

A final rule issued by the Department of Labor (DOL) revises the salary requirements for determining minimum wage and overtime pay exemptions under the Fair Labor Standards Act (FLSA). This article reviews the rule changes...more

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

Littler on

While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more

Dorsey & Whitney LLP

As Exempt Salary Thresholds Continue to Increase, What are Best Practices for Employers Deciding to Reclassify Employees as...

Dorsey & Whitney LLP on

Under the federal Fair Labor Standards Act (FLSA), employees are classified as “exempt” or “non-exempt.” Employers covered under the FLSA must pay non-exempt employees at least the minimum wage for every hour they work and...more

Sheppard Mullin Richter & Hampton LLP

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters

As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

Rumberger | Kirk on

New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...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

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (minimum wage)

NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more

Husch Blackwell LLP

Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

Husch Blackwell LLP on

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...more

Venable LLP

32-Hour Workweek? Not Just Yet, California Legislature Says

Venable LLP on

Mercury in retrograde or a sign of the end times? In a rare win for employers, the California legislature this past week failed to advance Assembly Bill 2932 - mandating a 4-day workweek for large employers in the state -...more

Jackson Lewis P.C.

Pennsylvania Regulatory Commission Approves Expansive Tipped Employee Regulations

Jackson Lewis P.C. on

Bucking the standard that has existed under federal law and in most states for decades, tipped employees in Pennsylvania soon will have to earn more than four times as much in tips before their employers may take a tip credit...more

Husch Blackwell LLP

CDLE Proposes New Rules: PTO, Use It or Lose It, and Overtime Exemptions

Husch Blackwell LLP on

The Colorado Department of Labor and Employment (CDLE) has proposed new rules to Colorado’s ever-changing laws on overtime, minimum wage, and vacation requirements. As with other changes to Colorado employment law in recent...more

Roetzel & Andress

Another One Bites The Dust: You Might Be Your Brother Employer’s Keeper (Again)

Roetzel & Andress on

The U.S. Department of Labor (DOL) has announced a final rule rescinding the Trump administration’s “Joint Employer Status Under the Fair Labor Standards Act” rule, which took effect in March 2020 and provides guidance for...more

Jackson Lewis P.C.

Deciding Whether To Train Manufacturing Workers Where Work Happens Or Subsidize Off-Duty Training

Jackson Lewis P.C. on

Manufacturers face increasing difficulty in finding employees with the skills they need, where they need them to be. The skills gap has become a bigger issue as more manufacturers are looking to build where they sell, and...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Hinshaw & Culbertson - Employment Law...

DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation

By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more

Epstein Becker & Green

U.S. Department of Labor Issues Opinion Letters on the Retail or Service Establishment, Highly Compensated Employee, and...

Epstein Becker & Green on

At the end of August, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued four new opinion letters addressing various issues arising under the Fair Labor Standards Act (“FLSA”). The topics covered include the...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Conn Kavanaugh

Changes in Employment Laws in Massachusetts

Conn Kavanaugh on

Keeping an eye on changes and trends in employment law is an excellent way for businesses to mitigate risk. Benjamin Franklin famously said, “An ounce of prevention is worth a pound of cure.” This adage rings especially true...more

Jackson Lewis P.C.

2019 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

Smith Anderson

U.S. Department of Labor Announces Final Joint Employer Rule

Smith Anderson on

The U.S Department of Labor (DOL) has announced a final rule that will revise its regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). According to the DOL, the new rule will “add certainty...more

Jaburg Wilk

DOL Overtime Rules

Jaburg Wilk on

In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective...more

Bracewell LLP

Department of Labor Issues Final Rule on Calculating the Regular Rate of Pay

Bracewell LLP on

December 12, the Department of Labor filed a Final Rule clarifying the types of benefits that must be included in the “regular rate of pay.” Under the Fair Labor Standards Act (FLSA), employers must pay workers at least the...more

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