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Over-Time Wage and Hour Retailers

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

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

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The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Perkins Coie

Wage and Hour Compliance: Overtime and Regular Rate

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This blog series addresses common employment-related issues for cannabis industry professionals. This post addresses overtime rate requirements that manufacturers and retailers of cannabis products should consider to...more

Fisher Phillips

Massachusetts Retailers: Juneteenth Premium Pay Obligations Begin This Year

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Last summer, as part of a COVID-19-related spending bill, the Massachusetts legislature added Juneteenth Independence Day (June 19) to the list of premium pay holidays in the Commonwealth’s “Blue Laws.” Juneteenth now joins...more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

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On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Fox Rothschild LLP

USDOL Revises FLSA Section 7(i) Retail Commission Exemption: Long Overdue And Very Welcome!

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I have handled a number of cases involving Section 7(i) of the Fair Labor Standards Act (“FLSA”) which provides an exemption from overtime for commissioned employees working for a so-called retail/service establishment. One...more

Fisher Phillips

FLSA Commissioned-Employee Exemption Clarifications: Retailers, It’s Time For A Checkup

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The Department of Labor’s Wage and Hour Division deftly tackled decades of confusion regarding which establishments might have employees meeting the FLSA’s 7(i) overtime exemption for certain commission-paid employees. Even...more

Orrick - Employment Law and Litigation

Catching Up with the Times: DOL Issues Final Rule Simplifying Retail Exemption Under the FLSA

As we recently reported, the DOL promulgated three new final rules regarding wage and hour issues last month. One of these rules brings a much-needed dose of clarity for certain employers on an unusually thorny issue: what...more

Sherman & Howard L.L.C.

DOL Creates New Streamlined Standard For Retail And Service Employee Overtime Exemption

The U.S. Department of Labor (DOL) has simplified the overtime exemption for commission-based workers in retail and service industries. Under the Fair Labor Standards Act (FLSA), some employees in retail and service...more

DirectEmployers Association

OFCCP Week In Review: May 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Mintz - Employment Viewpoints

DOL Withdraws FLSA Inside Sales Exemption Lists

The U.S. Department of Labor (“DOL”) issued a new final rule on May 19, 2020 recasting the Fair Labor Standard Act’s (“FLSA”) inside sales exemption, Section 7(i). This new rule – which took effect immediately – repeals two...more

Proskauer - Law and the Workplace

Wage and Hour Division Modifies Rules For FLSA’s Retail Sales Exemption

On May 19, 2020, the United States Department of Labor’s Wage and Hour Division (WHD) implemented a final rule withdrawing partial lists of establishments that it previously interpreted as either having “no retail concept” or...more

Woods Rogers

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

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On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of...more

Littler

DOL Revised Section 7(i) Exemption Regulations: Is Your Company a Retail or Service Establishment?

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Does an employer’s business qualify as a “retail or service establishment” for the purpose of satisfying the exemption requirements of section 207(i) of the federal Fair Labor Standards Act?  The answer to this question might...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

Holland & Hart - Employers' Lawyers

Expansive New Overtime and Minimum Pay Requirements Coming for Most Colorado Employers

Just in time for the holiday season, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (“Division”), has proposed replacing Colorado Minimum Wage Order #35 with Colorado Overtime and...more

Conn Kavanaugh

Beware of the Wage Act – Review Pay Plans for Commission Based Inside Salespersons and Stay Alert for Future Claims

Conn Kavanaugh on

In early May, the Massachusetts Supreme Judicial Court held that 100% commission-based inside salespersons are entitled to separate, additional overtime pay and premium pay for Sunday work. The decision, Sullivan v. Sleepy’s...more

Constangy, Brooks, Smith & Prophete, LLP

The New Overtime Rule: What Retail Employers Need To Know

As most employers now know, the U.S. Department of Labor will be raising the salary thresholds that apply to most of the “white-collar” overtime exemptions effective January 1. The higher thresholds will apply primarily to...more

Parker Poe Adams & Bernstein LLP

Employers Consider Switching Exempt Employees to Non-Exempt to Avoid Legal Risks

Over the past decade, EmployNews has chronicled waves of class and collective action litigation based on claims that employees have been misclassified as exempt from the overtime requirements of the Fair Labor Standards Act....more

Verrill

It’s Beginning to Look a Lot Like Christmas: When You Need Seasonal Hires to Stock the Toys in Every Store and More

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It’s no secret that the holiday seasons spark an influx of shoppers hunting for good deals and great gifts for loved ones. Although the prevalence of online shopping has exploded in the past few years, brick-and mortar-stores...more

Littler

DOL Issues Six New Opinion Letters and Establishes a New Office of Compliance Initiatives

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The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more

Littler

The Regular Rate Riddle in the Massachusetts "Grand Bargain" Legislation

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The new “grand bargain” legislation Governor Charlie Baker signed into law last week gradually phases out the requirement that Massachusetts retailers pay time-and-a-half for work on Sundays or certain holidays....more

Fisher Phillips

Big Changes Coming for Baystate Employers: Paid Family & Medical Leave And Minimum Wage Increases

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In one fell swoop, Massachusetts has set in motion a plan to increase its minimum wage to $15.00 per hour and create a comprehensive paid family and medical leave program as the result of a “grand bargain” between employee...more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

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Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

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