News & Analysis as of

Over-Time

Pennsylvania Overtime Rules Will Be in Flux

by Cozen O'Connor on

Remember all the confusion and upheaval when the Obama administration proposed sweeping changes to the salary thresholds for exemption from overtime pay until a federal court shot down the effort on the eve of its effective...more

Now It’s Pennsylvania’s Turn – Governor Wolf Announces Proposed Increases to Minimum Salary Requirements for State Law Overtime...

As many will recall, the U.S. Department of Labor issued regulations in May 2016 that would have increased dramatically the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemptions. ...more

Settling Individual California Labor Disputes May Eliminate PAGA Claims

by Hogan Lovells on

On December 29, California’s Second Appellate District held that employees who settle and dismiss their individual wage claims may not assert claims under the state’s Private Attorneys General Act (“PAGA”) on behalf of other...more

Intern or Employee? DOL Adopts Courts’ “Primary Beneficiary” Analysis for Determining When Your Unpaid Intern Will Be Deemed an...

by PilieroMazza PLLC on

The use of unpaid interns is a common practice across many industries, especially in the D.C. Metro area. And the question recently addressed by the Ninth Circuit is not a new one: under what set of circumstances does an...more

US Department of Labor Issues Updated Guidelines for Internship Programs Under the Fair Labor Standards Act

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division issued Fact Sheet #71, which sets forth new federal guidelines for determining whether an intern or student at a for-profit company must be paid under...more

To Pay or Not to Pay: DOL Abandons Six-Part Intern Test in Favor of Primary Beneficiary Test

by Reed Smith on

On January 5, 2018, the U.S. Department of Labor (DOL) issued revised guidance on the question of whether interns and students are “employees” under the Fair Labor Standards Act (FLSA) and, thus, must be paid at least minimum...more

Are Interns Actually Employees? DOL Adopts New Guidance for Assessing Whether Interns Qualify as Employees

As part of its revision of Obama-era policies, the U.S. Department of Labor (“DOL”) recently announced a new test for assessing whether interns qualify as employees under the Federal Labor Standards Act (“FLSA”). The agency’s...more

“I’m Just an Intern!” DOL Changes Course and Adopts Primary Beneficiary Standard for Intern Compensation Cases

Determining when an unpaid intern is really an employee has been a moving target for the last several years. However, on January 5, 2018, the Department of Labor announced that its Wage and Hour Division will now use the...more

WEB EXCLUSIVE December 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...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

Pennsylvania Court Rejects FLSA Method of Overtime Calculation

by Ballard Spahr LLP on

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

II-25 – Top 10 New Year’s Resolutions for Employers in 2018

by Cozen O'Connor on

From federal agency changes to anticipated developments in sexual harassment, paid leave, overtime, and marijuana use, this episode of Employment Law Now provides ten issues that employers should resolve to understand in the...more

BOLI Publishes Final Manufacturing Overtime Rules and Sample Overtime Consent Form

The Bureau of Labor and Industries issued the final rules regarding the changes to the manufacturing overtime laws on December 27, 2017. The rules became effective on January 1, 2018. BOLI promulgated the new overtime rules...more

Back to the Future: California Employment Bills Likely to Resurface in 2018

by Littler on

As discussed in a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more

FLSA Penalties Increase

by Fisher Phillips on

This week the U.S. Department of Labor published increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act. These new levels, approximately 2% higher than those...more

Reminder: New York Wage Thresholds Increase on December 31, 2017

Last year New York State made significant changes to its wage orders resulting in increases to the State’s minimum wage, white collar overtime exemption salary thresholds, tip, meal and lodging credits, and uniform...more

Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation

by Fox Rothschild LLP on

A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly pay them their wages and used a gimmick to...more

Toll Road Ahead: Fourth Circuit Rules Mixed-Fleet Interstate Truck Drivers May Be Entitled To Overtime Pay

by Jackson Lewis P.C. on

Despite the overtime exemption provided by the Motor Carrier Act, interstate trucking employers who operate “mixed fleets” – those with vehicles both over and under 10,000 pounds – may owe overtime pay to drivers of the...more

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

Employment Standards Code Changes are Effective January 1: Are You Ready?

by Field Law on

As outlined in our previous alerts, almost all of the changes to the Employment Standards Code (the “Code”) brought in by the Fair and Family-Friendly Workplaces Act come into effect on January 1, 2018. Employers should take...more

Are Underwriters Exempt From Overtime Requirements? Supreme Court Leaves Question Open

by Faegre Baker Daniels on

Are underwriters exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements? Financial services companies may assume so. But a recent Ninth Circuit decision—along with the Supreme Court’s refusal on November 27...more

Déjà Vu All Over Again? DOL Appeals Overtime Rule

by SmithAmundsen LLC on

At this time last year, employers across the country were preparing for implementation of the DOL Final Overtime Rule, which would have more than doubled the minimum salary level for exempt employees. At the eleventh hour,...more

Employment Flash - November 2017

Recently Passed US Federal, State and Local and International Employment Laws - This November 2017 special edition of the Employment Flash summarizes certain noteworthy U.S. federal, state and local, as well as...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

How Is 2017 Like 1947?

by Fisher Phillips on

Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...more

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