News & Analysis as of

White-Collar Exemptions

Dear Littler: Does Equity Compensation Count as Wages under Federal and California Law?

by Littler on

Dear Littler: We need to hire some key personnel for our new tech company. We intend to offer them equity in the enterprise as compensation. The equity should be very valuable in the long run, and the deal we have in mind is...more

California Statewide and Local Minimum Wage Rates to Increase in 2018

California's minimum wage rate increased on January 1, 2018, to $11.00 per hour for businesses employing 26 or more employees and $10.50 per hour for those with 25 or fewer employees. The increase is a result of California...more

When Is A Seemingly Exempt Employee Not Truly Exempt?

by Foley & Lardner LLP on

Exemption rules under the Fair Labor Standards Act (FLSA) are complicated and can often be frustrating for employers. Determining which employees in a workforce may or may not be exempt from entitlement to overtime pay...more

Take 5 Newsletter December 2017 - 2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 2017

by Epstein Becker & Green on

Addressing Workplace Sexual Harassment in the Wake of #MeToo - Revelations of the Harvey Weinstein scandal, and those that have followed, have ignited sexual harassment complaints against employers across all industries....more

Here We Come A Waiver-ing: 2017 Year In Review

by Seyfarth Shaw LLP on

‘Twas the week before Christmas, and the WH-L-PG Contemplated the wage-hour year lyrically; We considered the issues our readers would most like to savor And decided the tastiest one was class waiver....more

Reminder: New York Minimum Wage Rates and Salary Thresholds for the Executive and Administrative Exemptions Will Increase on...

by Bond Schoeneck & King PLLC on

Although the minimum wage rate under the Fair Labor Standards Act remains $7.25 per hour and the U.S. Department of Labor’s efforts to raise the minimum salary to qualify for a white-collar exemption under federal law have...more

Salary-Threshold Proposal Apparently Months Away

by Fisher Phillips on

A recent U.S. Department of Labor regulatory status report indicates that no proposal to change the 2016 compensation revisions affecting the federal Fair Labor Standards Act's so-called "white collar" exemptions will be...more

Senate Bill 621 Gives Part-Time Educators Their Proportional Share

by Ervin Cohen & Jessup LLP on

Senate Bill 621 will become effective on January 1, 2018. The bill amends Labor Code section 515.8 and is intended to address the ambiguities in Assembly Bill 2230 which was enacted last year....more

Exempt Employee Pay Minimums Will Increase in 2018 in Various States

by Littler on

As employers wait to see whether – and to what extent – the U.S. Department of Labor will revise the minimum amount they must pay to executive, administrative, and professionals for exemption from the Fair Labor Standards...more

2018 Exemption Limits for the Computer Professional and Physician Exemptions

by Bryan Cave on

Effective January 1, 2018, California’s Department of Industrial Relations will begin imposing new rates for the computer software employee exemption and the licensed physician and surgeon exemption to reflect a 2.9% increase...more

Nonprofits Can Avoid Overtime Requirements If They Avoid 'Enterprise' Status

Last year’s proposal to increase the minimum salary to qualify for exemption from federal overtime requirements hit nonprofit employers particularly hard. While the new salary levels never went into effect, many nonprofits...more

Employment Flash - November 2017

Recently Passed US Federal, State and Local and International Employment Laws - This November 2017 special edition of the Employment Flash summarizes certain noteworthy U.S. federal, state and local, as well as...more

New York Minimum Salary for Exemption and Minimum Wage To Increase on December 31

It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more

How Is 2017 Like 1947?

by Fisher Phillips on

Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...more

Overtime Claim Against Chipotle Stayed Until Contempt Motion Is Heard

As previously reported in EmployNews, in December a creative group of plaintiffs’ lawyers filed suit against Chipotle in federal district court in New Jersey. The lawyers contended that despite a Texas federal court’s...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

Salary-Threshold Autopilot Still Possible

by Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Employment Law - November 2017 #2

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

Labor Secretary Discusses DOL Priorities During House Committee Hearing

by Littler on

Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

by Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

With Overtime Appeal On Hold, When Should We Expect New Regulations?

The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more

The Beat Goes On For The New USDOL Overtime Rule

by Fox Rothschild LLP on

I remember with fondness the Sonny & Cher song, “The Beat Goes On.” That song could be easily applied to the saga of the USDOL overtime rule, which continues. Although the proposed rule has been shot down by the Fifth...more

Department of Labor Files Appeal and Motion for Abeyance in Overtime Rule Litigation

by Nexsen Pruet, PLLC on

There have been new developments in litigation over changes to regulations under the Fair Labor Standards Act (FLSA) that specify which workers are eligible for overtime pay. Readers of our Mid-Week Memo will recall that...more

The Federal Overtime Rule Stalls and State Minimum Wage and Overtime Rules Rev Up

As we previously reported, a federal district judge’s invalidation of the Obama-era overtime rules – which proposed a sharp increase in the salary threshold for exempt employees, expanding overtime pay to millions of workers...more

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more

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