California Employment News: Professional and Administrative Pay Exemptions
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On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more
Bitcoin, the most popular form of digital or crypto-currency, is gaining traction as an investment vehicle and a way to pay for goods and services. More than 100,000 merchants worldwide now accept Bitcoin, allowing consumers...more
Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (BOLI) instituted a significant change in its historic treatment of the interplay between two statutes that provide for daily and weekly...more
Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more
Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more
Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more
The U.S. Department of Labor’s new overtime rule will take effect December 1st unless a federal judge in Texas issues an injunction after a hearing next week in an action challenging the rule. In the meantime, employers must...more
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more
The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more
On Monday, July 6, the United States Department of Labor (USDOL) published its long awaited proposed rule “updating” regulations “defining and delimiting” the exemptions from overtime for white collar employees (i.e., the...more
The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more
The U.S. Department of Labor (DOL) issued its long-awaited proposed rule that would change the federal regulations of the Fair Labor Standards Act’s (FLSA) overtime provisions in a June 30, 2015 Notice of Proposed Rulemaking...more
Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more
The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more
On March 13, 2014, President Obama signed a memorandum directing the United States Department of Labor to revise the regulations concerning employees' eligibility for overtime pay under the Fair Labor Standards Act ("FLSA")....more
As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more
Exempt or Nonexempt, That is The Question - Employers who believe in multitasking could be facing unpaid overtime suits from managers after the California Court of Appeal ruled that a grocery store manager could not...more
In Heyen v. Safeway, Inc., an action to recover unpaid overtime pay by a former assistant manager, the Court of Appeal affirmed the trial court’s award of overtime pay to Heyen, even though she was classified as an exempt...more
When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, but he might as well have. One of his most famous...more