News & Analysis as of

Wage and Hour Fair Labor Standards Act (FLSA) 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

Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...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

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

Jackson Lewis P.C.

Seventh Circuit: Travel Time During Normal Working Hours is Compensable for Employees on Remote Assignment

Jackson Lewis P.C. on

Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...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

Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

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The National Collegiate Athletic Association (NCAA) has long argued that college athletes are amateurs exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA). Until last week, courts around the United...more

Littler

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

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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

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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

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

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Littler on

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...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

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

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The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Gould + Ratner LLP

Illinois Employers Will Face Expansive New Obligations in 2024

Gould + Ratner LLP on

On August 30, 2023, the DOL announced a notice of proposed rulemaking that would increase the salary basis threshold under the Fair Labor Standards Act (FLSA) for “white collar” exemptions (executive, administrative and...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Epstein Becker & Green

Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and...

On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more

FordHarrison

As Hurricane Ian Approaches, Employers Should Be Prepared for the Employment Law Challenges Storms Cause

FordHarrison on

Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as...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

Rumberger | Kirk

Juggling a Remote, Hybrid and/or Multistate Workforce: What Employers Should Know

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As employers hire new staff members, keep in mind individual state employment laws, ADA considerations and compensation requirements. At the beginning of the pandemic, large swaths of the country converted from in-person...more

Littler

Dear Littler: Is paying employees with cryptocurrency an option?

Littler on

Dear Littler: We are a multi-state employer with operations in multiple technology hubs, including Silicon Valley and Austin. Over the past several months we have heard from multiple applicants and employees about whether the...more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

Jackson Lewis P.C. on

Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...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

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Issues Guidance On Recordkeeping For Remote Workers

The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The United States Department of Labor (“DOL”) administers the FLSA through its Wage and Hour Division....more

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