California Employment News: Professional and Administrative Pay Exemptions
Podcast: California Employment News - Professional and Administrative Pay Exemptions
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The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....more
The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking...more
For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more
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
On November 30, 2022, the Internal Revenue Service (IRS) published Notice 2022-61 (the Notice), providing initial guidance on the prevailing wage and apprenticeship requirements applicable to certain provisions of the...more
Publication of Notice 2022-61 starts the 60-day clock until projects that initially commence construction must comply with the new requirements. On November 30, 2022, the Internal Revenue Service (IRS) published Notice...more
Two recent developments in equal pay laws—salary range disclosure and pay data reporting—are forcing employers in certain jurisdictions to review their pay practices and begin addressing pay equity if they are not doing so...more
Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL - As...more
On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more
When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...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
The Connecticut Department of Labor has published guidance regarding the state’s “An Act Concerning the Disclosure of Salary Range for a Vacant Position,” which goes into effect on October 1, 2021. In reviewing this...more
The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more
LABOR & EMPLOYMENT - DOL Announces Proposed Rulemaking to Increase Wages for Workers on Government Contracts - The Department of Labor (DOL) announced a Notice of Proposed Rulemaking to establish standards and...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
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
The following general guidelines provide an overview of the New Jersey Wage Payment Law and Wage and Hour Law. These guidelines address only the requirements of New Jersey law. Federal law imposes additional requirements...more
The U.S Department of Labor (DOL) has announced a final rule that will revise its regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). According to the DOL, the new rule will “add certainty...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
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
[With apologies to the great Yogi Berra!] Over the last three years, I have spent a good bit of space on this blog keeping manufacturers informed of the Department of Labor’s efforts to raise the wages of lower and middle...more
Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...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