News & Analysis as of

Over-Time Wage and Hour Compensation & Benefits

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

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Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more

Parker Poe Adams & Bernstein LLP

Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more

Polsinelli

New York State’s Fashion Workers Act Effective Summer 2025

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Governor Hochul signed legislation titled the “New York State Fashion Workers Act” (the “Act”), which has a widespread impact on the modeling industry as it relates to compensation, contractual restrictions, and other...more

Amundsen Davis LLC

State Minimum Wage Rate Increases Effective January 1, 2025

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New minimum wage increases impacting employers went into effect on Jan. 1, 2025. State minimum wage updates in jurisdictions across the nation are summarized below. Note: This summary does not cover updates for all...more

Constangy, Brooks, Smith & Prophete, LLP

Holiday Headaches: Avoiding Legal Risks with PTO, Overtime, and Workplace Festivities

During the holiday season, employers face heightened legal risks related to employee time off, overtime, and seasonal celebrations. Join Constangy attorneys Kristine Sims and Rodrigo Pocasangre as they share their insights on...more

Jackson Lewis P.C.

Recent Court Ruling Creates Holiday Incentive Pay Twist for Colorado Employers

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The Colorado Supreme Court has ruled that Colorado law is not like federal law when it comes to holiday pay. The Court found that the Colorado Minimum Wage Order (currently, COMPS Order 39) requires holiday incentive pay be...more

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

Maryland Releases FAQs in Relation to Wage Range Transparency Act

The Maryland Department of Labor recently released key questions and answers regarding the state’s Wage Range Transparency Act, which took effect on October 1, 2024, amending the prior Equal Pay for Equal Work laws found in...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions

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Employers are generally required to pay nonexempt employees overtime compensation of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek....more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Conn Maciel Carey LLP

DOL Finalizes Overtime Rule – Significantly Increasing Salary Level Basis Threshold for FLSA Overtime Exemptions

Conn Maciel Carey LLP on

On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more

Porter Hedges LLP

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

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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

Husch Blackwell LLP

The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Husch Blackwell LLP on

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards...more

Fox Rothschild LLP

Cautionary Tale: Bakery Products Distributors Plausibly Deemed Employees Under Vermont Employment Practices Act

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A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

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On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

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

Alabama to Exempt Overtime Compensation From State Income Tax, Starting January 1, 2024

On November 9, 2023, Alabama Governor Kay Ivey signed into law a bill that beginning on January 1, 2024, will make compensation received by full-time hourly wage-paid employees for overtime work performed in excess of 40...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … A Quick Primer on What to Include in the Regular Rate of Pay

Epstein Becker & Green on

The “regular rate of pay,” an often-misunderstood legal term of art, can be a thorn in the side of employers when calculating how to pay non-exempt hourly employees. These employees must be paid an overtime rate of at least...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Three-Even...

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity of approving and advancing bills out of committee.  In addition to the bills that we have already summarized, here...more

Kohrman Jackson & Krantz LLP

Ohio Bill Limits Overtime Compensation

Beginning July 6th of this year, hourly employees in the state of Ohio will have a new set of rules to follow in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law which was touted as...more

Mintz - Employment Viewpoints

Ninth Circuit Clarifies Requirements on Retroactive Overtime Pay Adjustments for Bonuses

Bonuses and their impact on an employee’s “regular rate of pay” have long been a proverbial thorn in the side of California employers. The nondiscretionary nature of most bonuses (even those bonuses employers attempt to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Per Diems and Wages

This week, we take a look at the Court’s decision attempting to navigate the fine line between employer payments that reimburse employees for expenses—and thus need not be considered in calculating the employees’ overtime...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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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

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

Greece’s New Overtime Limits Amongst Latest Employment law Changes

The new year brought a number of changes to Greek employment laws, including the introduction of a new national general collective bargaining agreement and changes to legislation concerning overtime compensation at industrial...more

Lewitt Hackman

Bad Apple: Employee Searches are Compensable Time

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The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more

Bricker Graydon LLP

Wage and hour issues that frequently arise in the health care setting

Bricker Graydon LLP on

Given the unique characteristics of the health care space, wage and hour compliance can be particularly challenging for health care employers. Round-the-clock operations, staffing shortages and patient demands can create an...more

Brooks Pierce

DOL Clears The Way For Employee Perks With Overtime Rule Clarification

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In a tightening job market, more companies are considering offering perks such as gym memberships, financial assistance for adoptions, tuition reimbursements and signing bonuses as a way to recruit and retain workers. While...more

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