News & Analysis as of

Exemptions Over-Time Minimum Wage

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Proskauer - Law and the Workplace

SCOTUS Will Determine Employers’ Burden of Proof to Establish FLSA Exemptions

On June 17, 2024, the U.S. Supreme Court announced that it will tackle a 6-1 circuit split and decide an important wage and hour issue for employers: what burden of proof an employer must satisfy to demonstrate that its...more

Ervin Cohen & Jessup LLP

Court Rules Outside Salesperson Exemption Turns on Employer Control

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Clarifies a “Day-Rate” Does Not Meet the FLSA “Salary Basis” Test, Even for Highly Compensated Employees

The Fair Labor Standards Act of 1938 (“FLSA”) created the right to a minimum wage and overtime pay. The FLSA also provides exemptions to overtime pay requirements for certain employees. Under the “bona fide executive”...more

Jackson Lewis P.C.

California Wage Orders, What Are They & Why Employers Should Care

Jackson Lewis P.C. on

The California Industrial Welfare Commission has 17 wage orders that apply to different employers based on their industry or occupation. Although other than minimum wage, these wage orders have not been updated since 2001,...more

Payne & Fears

Commission-Only Compensation Plan Fails California's Salary Basis Test

Payne & Fears on

Under California law, employers must pay their employees overtime rates unless an exemption applies. One such exemption, the “administrative” exemption, excludes from state overtime requirements an employee primarily engaged...more

A&O Shearman

Emergency Economic and Social Measures in Response to “Yellow Vest” Protests

A&O Shearman on

The "yellow vests" protests prompted the French government to propose strong and symbolic measures to improve employee’s purchasing power. This resulted in the adoption, in just five days, of the law no. 2018-1213 dated 24...more

BCLP

New French Measures Affecting Employees and Employers Following Yellow Vest Demonstrations: Exemptions for 2018 Exceptional Bonus...

BCLP on

French Parliament passed a bill last December 21, 2018 introducing urgent economic and social measures to improve employees’ purchasing power. One measure concerns the payment of an exceptional bonus of up to 1,000 euros...more

Fisher Phillips

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

Sheppard Mullin Richter & Hampton LLP

Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees

On July 22, 2015, Governor Brown signed AB 2535 that clarifies which employees for whom an employer must track hours worked and record those hours on their wage statements. The bill will become effective January 1, 2017. ...more

Mintz - Employment, Labor & Benefits...

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

Parker Poe Adams & Bernstein LLP

White Collar Overtime Exemption Overhaul May Include Big Increase in Minimum Salary Requirements

Last year, President Obama directed the Department of Labor to review and update its so-called “white collar” overtime and minimum wage exemption regulations. The rules apply to executive, administrative and professional...more

Poyner Spruill LLP

Happy New Year from the DC District Court - Companionship Exemption Lives On!! - EndNotes February 2015

Poyner Spruill LLP on

Home care patients, caregivers and the entire home care community celebrated a huge victory to kick off 2015. The U.S. District Court for the District of Columbia (DC court) vacated the U.S. Department of Labor’s (DOL’s)...more

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