What's the Tea in L&E? Why You Need Policies for Temps and Other Contractors
Work This Way: A Labor & Employment Law Podcast - Episode 30: Plaintiff Legal Trends with Paul Porter of Cromer, Babb & Porter
What's the Tea in L&E? Mouse Jigglers: WFH Fraud
The Chartwell Chronicles: Employment Law Updates
#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast - Episode 27: The Importance of Employment Counsel in Corporate Transactions with Laura Mallory and Ashley Parr of Maynard Nexsen
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know
California Employment News - Navigating the New PAGA Reforms: What Employers Need to Know (Podcast)
Employment Law Now VIII-145 – Status Update: Injunctions for FTC Non-Compete Ban and DOL Overtime Exemption Regs
California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week®
Hospice Labor and Employment Trends - Get Up to Speed Fast: What You Need to Know About the New Rules Involving Non-Competes and Exempt Employees
The Burr Broadcast: FLSA Overtime Exemption
Work This Way: A Labor & Employment Law Podcast - Episode 22: Compensation Programs with Carrie Cavanaugh of Find Great People
California Employment News: Can Pre- and Post-Shift Activities Be Compensated
Work This Way: A Labor & Employment Law Podcast - Episode 21: Economic, Industry, and Workforce Development in the City of Greenville with Mayor Knox White
Clocking in with PilieroMazza: Labor and Employment News for Government Contractors
EEO-1 Filing After June 4: What to Do Now, and How to Prepare for Next Year - Employment Law This Week®
California Employment News: Brief Overview of Leave Laws All California Employers Should Be Aware Of (Podcast)
California Employment News: Brief Overview of Leave Laws All California Employers Should Be Aware Of
Unique Challenges and Benefits of Family-Run Businesses, Inspired by Modern Family — Hiring to Firing Podcast
Travel time cases that center around what is/is not home-to-work travel can be very tricky and nuanced. This is especially so when employees have to first meet at a staging point or meeting place and then be transported to...more
The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order...more
While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more
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
Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime...more
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
This week, the Ninth Circuit Court of Appeals held that an employer’s per diem expense reimbursement payments functioned as compensation for work rather than business expense reimbursements. As a result, the employer was...more
It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay. But that truism begs the question: what exactly is the regular rate of pay? Earlier this week, the Ninth Circuit analyzed...more
In a case involving two certified classes, the Ninth Circuit Court of Appeals concluded this week that an employer’s per diem paid to traveling employees to reimburse for the cost of meals, incidentals and housing while...more
On April 16, 2020, the Fifth Circuit held that an employee is entitled to arbitrate his federal labor law claims as a collective action on behalf of his coworkers against their employer, Sun Coast Resources, Inc. (“Sun...more
Seyfarth Synopsis: “Per diem” (or per day) employment may seem like a simple way to maintain a flexible workforce enabling employers to respond to last-minute changes in staffing needs. But certain legal and practical issues...more
Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh,...more
Employers who adhere to certain IRS guidelines may face much lower indemnity payments for employees who traveled for work pre-injury - Myres v. Strom Aviation, Inc. (16-558) - In companies where employees regularly...more
Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more
Overtime pay is calculated at a rate of one and one-half times a non-exempt employee’s regular rate, a well-known formula which obviously depends on establishing the employee’s regular rate of pay. This should ordinarily be...more
The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more
In order to claim most exemptions from overtime and minimum wage requirements under the Fair Labor Standards Act, employers must pay a guaranteed salary. Employers can only deduct from such salaries in very limited...more
The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a...more
Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors....more
On April 18, 2014, the U.S. Court of Appeals for the First Circuit held in Newman v. Advanced Technology Innovation Corp., that a per diem payment that is based on the number of hours worked by an employee must be considered...more