News & Analysis as of

Compensation & Benefits Wage and Hour Fair Labor Standards Act (FLSA)

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions

Epstein Becker & Green on

Employers are generally required to pay nonexempt employees overtime compensation of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek....more

Littler

Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

Littler on

The National Collegiate Athletic Association (NCAA) has long argued that college athletes are amateurs exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA). Until last week, courts around the United...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Conn Maciel Carey LLP

DOL Finalizes Overtime Rule – Significantly Increasing Salary Level Basis Threshold for FLSA Overtime Exemptions

Conn Maciel Carey LLP on

On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more

Husch Blackwell LLP

The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Husch Blackwell LLP on

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards...more

Sherman & Howard L.L.C.

Department of Labor Expands Overtime Rule for Millions of Employees

The Department of Labor (DOL) has issued a new rule expanding overtime eligibility to cover millions of new employees. The new rule changes the salary threshold used to determine whether an employee is exempt from overtime...more

Littler

Receipt of Perks Does Not Undermine “Volunteer” Status Under FLSA

Littler on

Taking a “commonsense” approach, the U.S. Court of Appeals for the Eleventh Circuit held that volunteers’ mere receipt of certain “perks” does not convert them to employees under the FLSA. In Adams v. Palm Beach County (11th...more

Dunlap Bennett & Ludwig PLLC

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors”...more

Whitcomb Selinsky, PC

The Role of Supplemental Jurisdiction in De Asencio v. Tyson Foods

Whitcomb Selinsky, PC on

In the 2003 case of De Asencio v. Tyson Foods, the United States Court of Appeals, Third Circuit, tackled a labor dispute involving Tyson Foods and its employees' claim of unpaid wages. The lawsuit focused on alleged...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

Whitcomb Selinsky, PC

Understanding the Service Contract Act: Compliance and Benefits

Whitcomb Selinsky, PC on

In the case of Kentron Hawaii, Ltd. and the International Brotherhood of Electrical Workers (IBEW) appealing a summary judgment in favor of the Navy, it revolved around a government contract for the Pacific Missile Range...more

Whitcomb Selinsky, PC

Unpaid Wages and the Labor Dispute: A Dive into the Tyson Foods Case

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In this legal battle between Tyson Foods and its dedicated employees, the focus is on the concept of fair compensation....more

Gould + Ratner LLP

Illinois Employers Will Face Expansive New Obligations in 2024

Gould + Ratner LLP on

On August 30, 2023, the DOL announced a notice of proposed rulemaking that would increase the salary basis threshold under the Fair Labor Standards Act (FLSA) for “white collar” exemptions (executive, administrative and...more

Gould + Ratner LLP

The “Joint Employer” Pendulum Swings Again. Or Does It?

Gould + Ratner LLP on

For the third time in eight years, employers again face uncertainty as to whether they may be considered a “joint employer” with another business. This question is not academic and can have real world consequences. What...more

Epstein Becker & Green

Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and...

On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more

FordHarrison

As Hurricane Ian Approaches, Employers Should Be Prepared for the Employment Law Challenges Storms Cause

FordHarrison on

Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as...more

Kohrman Jackson & Krantz LLP

Ohio Bill Limits Overtime Compensation

Beginning July 6th of this year, hourly employees in the state of Ohio will have a new set of rules to follow in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law which was touted as...more

Rumberger | Kirk

Juggling a Remote, Hybrid and/or Multistate Workforce: What Employers Should Know

Rumberger | Kirk on

As employers hire new staff members, keep in mind individual state employment laws, ADA considerations and compensation requirements. At the beginning of the pandemic, large swaths of the country converted from in-person...more

Littler

Dear Littler: Is paying employees with cryptocurrency an option?

Littler on

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

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

Jackson Lewis P.C. on

Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Per Diems and Wages

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

Sherman & Howard L.L.C.

DOL Opinion Letter: Compensable Travel Time From A Virtual Office

The U.S. Department of Labor issued Opinion Letter FLSA2020-19, providing helpful guidance for employers dealing with the potential “new normal” of employees working from home, both now and post-pandemic. In so doing, they...more

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

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