News & Analysis as of

Over-Time Non-Exempt Employees Corporate Counsel

Fisher Phillips

Reclassifying Employees to Non-Exempt Status? Consider a “Percentage Bonus” to Avoid Costly Overtime Pay Mistakes

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Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more

Seyfarth Shaw LLP

Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

Epstein Becker & Green on

As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Littler

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

Littler on

On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

Littler on

On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

Parker Poe Adams & Bernstein LLP

Acknowledgment of Salary Plan Constitutes Understanding of Fluctuating Workweek Pay

Many employers faced with large potential overtime costs elect to implement the fluctuating workweek pay plan for non-exempt workers. Under Department of Labor regulations, employers can pay a guaranteed salary for all hours...more

Fisher Phillips

Don’t Fall into the “Comp Time” Trap: It’s Generally Illegal in California

Fisher Phillips on

Many employees request time off instead of pay when they work overtime or are scheduled to work extra days including weekends, and you may be quick to oblige their wishes in an effort to be responsive to their desires. After...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

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

1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends

​​​​​​​On Sunday, November 6, 2022, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon...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

Littler

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler on

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

Bond Schoeneck & King PLLC

U.S. Department of Labor's Updated Regulations Clarify Exclusions From the Regular Rate

The U.S. Department of Labor ("DOL") recently issued updated regulations which clarify what types of compensation provided by employers can properly be excluded from the regular rate for overtime computation purposes. ...more

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

Proposed Washington State Law Would Create 32-Hour Workweek

New legislation recently introduced in the Washington State Legislature seeks to implement a 32-hour workweek for nonexempt Washington-based workers. If the proposal were to become law, employers would be required to pay...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

Epstein Becker & Green on

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

Littler

The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020

Littler on

The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019.  The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more

Faegre Drinker Biddle & Reath LLP

Calculating Overtime Pay Will Be Simpler if Department of Labor Adopts Proposed Updates to FLSA Regular Rate Regulations

Proposed regulations issued by the U.S. Department of Labor (DOL) on March 29, 2019 will, if adopted, clarify and greatly simplify the overtime pay calculations for non-exempt employees under the federal Fair Labor Standards...more

Littler

Significant Changes to Japan's Labor Laws Will Take Effect in April 2019: Are You Prepared?

Littler on

Japan is known as a country that prizes and exemplifies hard work. While there are significant benefits to this worth ethic, excessive work habits create problems for the country as well. ...more

Jackson Lewis P.C.

Employer Successfully Defends Rounding Policy By Showing It Did Not Disfavor Employees

Jackson Lewis P.C. on

A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees. (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No....more

Zuckerman Spaeder LLP

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

Zuckerman Spaeder LLP on

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home...more

Foley & Lardner LLP

Off-Duty Emails May Be Compensable (or Not)

Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Morgan Lewis

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

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Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Bond Schoeneck & King PLLC

When Reclassifying Employees from Exempt to Non-Exempt, Don’t Forget the Wage Theft Prevention Act Notices

Employers in New York are familiar with the requirement, imposed by the Wage Theft Prevention Act, that every new hire must be provided with notice of their rate of pay (including overtime rate of pay if applicable), how the...more

Mintz - Employment Viewpoints

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

Smith Anderson

[Webinar] Proposed Rule for Overtime Exemptions Is Issued by Department of Labor—What Will It Mean for You? - July 23, 1:00 EDT

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The Department of Labor has issued its long-awaited, proposed rule revising the overtime regulations for "white collar workers." This webinar will explain the new, proposed rule and the effect of the proposed, increased...more

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