News & Analysis as of

Over-Time Minimum Wage Employee Rights

Parker Poe Adams & Bernstein LLP

Most States Let Employers Recoup Wage Overpayments Without Employee Authorization

Mistakes happen, even with sophisticated corporate payroll systems. This can involve duplicate wage payments, paying an employee for unpaid time away from work, or other genuine errors. ...more

Morgan Lewis

Changes to Labor and Employment Law by the New German Federal Government - Legal Insights Germany

Morgan Lewis on

The German Bundestag has elected Friedrich Merz (Christian Democratic Union (CDU)) as federal chancellor. With the government now in place, it can begin its session. The Christian Democratic Union, Christian Social Union...more

Miles Mediation & Arbitration

Wage Dispute Danger: What Employers Must Keep in Mind

In my 20+ years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still gives me nightmares. “Hi Steve. Long time, no talk. The reason I’m...more

Jackson Lewis P.C.

Recent Decision on Nondiscretionary Performance Bonuses in Pay Calculations Has Wide-Ranging Implications for Illinois Employers

Jackson Lewis P.C. on

In Illinois, nondiscretionary “performance bonuses,” such as bonuses paid in recognition of employees satisfying certain performance and safety metrics and seniority goals, must be factored into employees’ regular rate of pay...more

McDermott Will & Emery

Arbeitsrechtliche Elemente im Koalitionsvertrag

McDermott Will & Emery on

Gestern haben sich die Spitzen von CDU/CSU und SPD auf den Abschluss eines Koalitionsvertrages geeinigt. Dieser muss nun noch von den jeweiligen Parteigremien abgesegnet werden, bevor er unterzeichnet werden kann. Wir haben...more

Jackson Lewis P.C.

Saint Paul, Minnesota enacts “wage theft” ordinance

Jackson Lewis P.C. on

Beginning January 1, 2025, the City of St. Paul, Minnesota’s Wage Theft Ordinance went into effect. The Ordinance largely incorporates the State of Minnesota’s existing wage theft legislation. However, similar to the...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

Vedder Price

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

Vedder Price on

Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

Jackson Lewis P.C. on

Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

Jaburg Wilk on

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

Bradley Arant Boult Cummings LLP

Poster Rollercoaster: DOL Changes FLSA Notice Required at Workplaces

All employers subject to the Fair Labor Standards Act (FLSA) must post an updated version of the FLSA “Employee Rights” poster to remain compliant with the law....more

Littler

What Will the Democratic Takeover of the House of Representatives Mean for Labor and Employment Law?

Littler on

While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more

Fisher Phillips

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

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

Fisher Phillips

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Littler

California Legislative Update: Heading Into The 2016 Session's Final Month

Littler on

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Foley & Lardner LLP

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Foley & Lardner LLP on

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

Fisher Phillips

Late Payment Resulted In An FLSA Violation

Fisher Phillips on

A recent decision by the U.S. Court of Claims underscores important propositions under the federal Fair Labor Standards Act to the effect that: - Failing to pay non-exempt employees the FLSA-required minimum-wage or...more

Cooley LLP

California Supreme Court Limits the Use of California's Commissioned Salesperson Exemption

Cooley LLP on

The California Supreme Court recently released an important decision regarding California's "commissioned salesperson" exemption. To qualify for this exemption to California's overtime laws, an employee must: (1) earn at...more

Maynard Nexsen

Employers Beware: Pay Changes Underway

Maynard Nexsen on

During his February 2014 State of the Union address, President Obama pledged to rely on his own executive authority to take action on behalf of American workers. He has taken this commitment to heart, and over the past...more

Franczek P.C.

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Franczek P.C. on

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

Ervin Cohen & Jessup LLP

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

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