California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
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Bob Evans Restaurants LLC v. Robert Schriver (WCAB); No. 158 C.D. 2024; filed March 11, 2025; Senior Judge Leavitt - The Commonwealth Court reversed a decision by the Workers’ Compensation Appeal Board, reinstating a judge’s...more
On March 17, 2025, the New Jersey Supreme Court ruled that commissions are considered “wages” under the New Jersey Wage Payment Law (“NJWPL”). This critical decision clarifies that commissions are direct monetary compensation...more
During this year’s legislative session, the Maryland General Assembly passed new laws requiring employers to disclose certain wage information when posting job openings, as well as requirements to provide existing employees...more
On March 21, Wisconsin Democrat Governor Tony Evers signed into law the country’s third earned wage access (EWA) bill, which recognizes EWA as a new and innovative financial service by creating a distinct license and...more
A recent court case issued by a federal district court in Vermont (Provencher v. Bimbo Bakeries U.S.) emphasizes the distinction between independent contractors and employees under the Vermont Employment Practices Act (the...more
Notwithstanding the ‘love’ cited by Raymond Carver in his masterpiece, one of the main reasons why people work is the pay. You might even say that people love pay. ...more
On November 16, 2023, a federal court in Colorado issued a lengthy opinion granting in part a petition for a temporary injunction pursuant to Section 10(j) of the National Labor Relations Act (the “Act”). Lomax v. Longmont...more
In recent years, earned wage access (EWA) – an innovative technology that enables workers to access their own, already earned wages without having to wait for payday – has rapidly become a table stakes employee benefit. By...more
One of the biggest developments in payroll in recent years is the rise of “on-demand pay”, also often called “earned wage access”. Earned wage access programs, which are built on the premise that workers should have access...more
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
Every player interested or already active in the German market needs to have a working knowledge of the key principles of German employment law which offers a good level of protection to employees. This is especially true for...more
The line between lawful and unlawful unpaid work is not always clear. Many companies are contacted by people offering to work on a voluntary basis. It is often pitched as a “win-win” because the person is willing to work...more
Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more
Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division recently issued two opinion letters providing clarity to employers in determining (1) the proper overtime rate of pay for non-discretionary, multi-week...more
Getting the new year off to a quick start, the United States Department of Labor issued three Opinion Letters on January 7, 2020. These letters concern the salary basis test and overtime calculations under the Fair Labor...more
In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more
We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more
Does the adage “no good deed goes unpunished” apply to employers that fail to pay wages to hourly employees during volunteer events? Not necessarily, according to a recent U.S. Department of Labor (DOL) Opinion Letter....more
In recent years, California courts have complicated the lives of employers that utilize commission and piece rate compensation systems (i.e., “activity-based compensation”). ...more
“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more
The piece-rate compensation system, common among automotive technicians, agricultural workers, manufacturing employees, truck drivers, and others, has been a viable and rewarding form of compensation in California for over a...more