News & Analysis as of

Over-Time Compliance

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Stoel Rives LLP

Supreme Court Clarifies Standard of Proof for FLSA Exemptions: E.M.D. Sales, Inc. v. Carrera

Stoel Rives LLP on

On January 15, 2025, the United States Supreme Court issued a rare unanimous decision clarifying the applicable standard employers must meet in cases involving exemptions under the Fair Labor Standards Act (“FLSA”). In an...more

Davis Wright Tremaine LLP

Unanimous Supreme Court Ruling Establishes Lower Bar for Proving Overtime Exemptions Under FLSA

On January 15, 2025, the Supreme Court unanimously ruled in E.M.D. Sales, Inc. v. Carrera, et al. that the "preponderance of the evidence" standard of proof governs Fair Labor Standards Act ("FLSA") exemption disputes rather...more

Bass, Berry & Sims PLC

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

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A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

Ius Laboris

South Korean Supreme Court Redefines ‘Ordinary Wages’

Ius Laboris on

On 19 December 2024, a unanimous South Korean Supreme Court partially overturned its 2013 ‘ordinary wage’ precedents, which may require many employers to revise their compensation practices....more

Ruder Ware

Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Ruder Ware on

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the...more

Tarter Krinsky & Drogin LLP

New Year Reminder to Employers: Make Sure Your Exempt Employees Are Being Paid Enough to Maintain Their Status

Starting a new year is a good opportunity for employers to review compensation structures to ensure sure they are paying their employees enough to meet the salary thresholds necessary for an employee to maintain their exempt...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

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The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Adams & Reese

What Should Employers Consider About a Four-Day Workweek?

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The four-day workweek is a hot topic of discussion among employers and employees. There are different ways for businesses to implement a four-day workweek, such as keeping a 40-hour workweek with employees working ten hours a...more

Parker Poe Adams & Bernstein LLP

Federal Court Denies Injunction Against New FLSA Overtime Exemption Salary Level

On Monday, a federal district court in Texas denied a request for a temporary injunction that would have prevented the Department of Labor’s increase in the minimum salary from taking effect for certain employees. The DOL’s...more

Pierce Atwood LLP

Maine DOL Announces Enforcement Plan for New Federal Overtime Rule

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On April 23, 2024, the U.S. Department of Labor announced its Final Rule related to overtime exemptions, including its increase of the minimum salary threshold for employees to qualify for the duties test exemption. In...more

Flaster Greenberg PC

Exempt or non-exempt? It's Time for Employers to Evaluate Exempt Employees' Status Again as DOL Updates Minimum Salary...

Flaster Greenberg PC on

Once again, the U.S. Department of Labor (“DOL”) released a Final Rule increasing the minimum salary thresholds for administrative, executive, and professional exemptions under the Fair Labor Standards Act (“FLSA”). Starting...more

Latham & Watkins LLP

DOL Raises Minimum Salary Thresholds for Overtime Exemptions

Latham & Watkins LLP on

Employers may need to raise exempt employee salaries or reclassify them as non-exempt if the new salary thresholds go into effect. On April 23, 2024, the Department of Labor (DOL) issued a new rule (the DOL Rule) that...more

Williams Mullen

Raising the FLSA Exemption Bar: More Workers Will Be Eligible For Overtime

Williams Mullen on

The U.S. Department of Labor (DOL) published its Final Rule on April 23, 2024, updating the minimum salary threshold for exemption from overtime payment obligations under the Fair Labor Standards Act (FLSA). The Rule created...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2) UPDATED April 23 2024

Porter Hedges LLP on

This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at...more

Davis Wright Tremaine LLP

Get Ready for 2024: Review Overtime Exemptions and Pay Plans for Sales Employees

Now is the time to review overtime exemptions and pay plans for sales employees to be ready for 2024. The changing tech economy has created a class of sales employees who may not fit traditional overtime exemptions. Moreover,...more

Goldberg Segalla

Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time

Goldberg Segalla on

Key Takeaways - Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these...more

Clark Hill PLC

The Learned Concierge - October 2023, Vol. 1

Clark Hill PLC on

The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries. Labor and Employment: Child Labor Compliance and “Hot Goods” - Many employers may...more

Foley & Lardner LLP

Remember to Include Non-Discretionary Income When Calculating Overtime Pay Under the FLSA

Foley & Lardner LLP on

One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Constangy, Brooks, Smith & Prophete, LLP

Recent fines portend increased wage-hour enforcement on behalf of Massachusetts employees

On January 25, the Office of the Attorney General for the Commonwealth of Massachusetts announced $440,000 in fines against Dutch Maid Bakery, a wholesale bakery in Dorchester, and staffing agencies used by the bakery, for...more

Jaburg Wilk

Department of Labor Audit, Now What?

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The U.S. Department of Labor (“DOL”) has jurisdiction to audit employers to ensure compliance with overtime and federal minimum wage laws. An audit can be stressful and expensive. Generally, an auditor will come to the...more

Proskauer - Law and the Workplace

Federal Regulatory Agenda Previews Anticipated FLSA Rule Changes

The Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions (the “Regulatory Agenda”) earlier this week.  That’s the biannual report from the federal administrative agencies on the...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Reporting & Compliance and Corporate Governance Series

On February 13, 2018, Skadden hosted a webinar titled “ SEC Reporting & Compliance and Corporate Governance Series: Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices.” Executive...more

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