News & Analysis as of

Unpaid Overtime Wage and Hour Work Schedules

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

Fox Rothschild LLP on

As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e. too high) as regards...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Don't Mix Incentive Pay With Fluctuating Workweek

Many employers rely on the fluctuating workweek (FWW) method to reduce their overtime obligations. FWW allows employers to pay a fixed salary and a half-time overtime premium to employees whose working hours significantly...more

Obermayer Rebmann Maxwell & Hippel LLP

Pennsylvania Supreme Court to Review Fluctuating Workweek Method for Overtime Compensation

The fluctuating workweek (FWW) method is a way for employers to calculate overtime pay for salaried employees who are eligible for overtime pay, but whose working hours fluctuate each week. The FWW method has two components...more

Seyfarth Shaw LLP

Silver Lining in a California Wage and Hour Cloud

Seyfarth Shaw LLP on

Employers adopting an Alternative Workweek Schedule (AWS) must follow the specific rules in the applicable wage order or face liability for unpaid overtime. But employees cannot recover penalties for accurate wage statements,...more

Ballard Spahr LLP

Review Your Pay Practices for Pennsylvania Employees After Recent Court Decision

Ballard Spahr LLP on

The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more

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

Connecticut Supreme Court Upholds Fluctuating Workweek Method . . . but Not for Retail Employees

The Connecticut Supreme Court’s holding in Williams v. General Nutrition Centers, Inc., No. SC 19829 (August 17, 2017) is a mixed bag for Connecticut employers. While the court held that Connecticut law does not generally...more

Gray Reed

Voting Rights

Gray Reed on

Who does it apply to: The Texas Election Code rules for employee voting rights and time off apply to all Texas employers. Can I do it myself: Who is protected: All employees, including temporary or seasonal workers, are...more

Littler

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Littler on

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Stinson LLP

City of Minneapolis Considering Dramatic Changes for Minneapolis Employers - Public Comment Period Underway

Stinson LLP on

The City of Minneapolis is taking steps to develop an ordinance that, as now proposed, would impose dramatic new requirements for Minneapolis employers related to employee scheduling and earned sick leave. The City Council,...more

Littler

All Over But the Penning: the California Legislature Completes its Work for 2015

Littler on

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Polsinelli

NLRB Expands “Joint Employer” Definition

Polsinelli on

In a pivotal decision on August 27, the National Labor Relations Board “refined” its test for determining joint-employer status, broadening the scope of employers subject to joint collective bargaining and concerted activity...more

Littler

Attempts to Force Votes on Employment Bills Fail in Senate

Littler on

Before the Senate adjourned for the August recess, two Democratic members tried to force the chamber to agree to bring minimum wage, paid sick leave, and flexible scheduling bills to the floor for a vote in the fall. On...more

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