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Reimbursements Fair Labor Standards Act (FLSA)

Jackson Lewis P.C.

Sixth Circuit Rejects Two Methods for Computing Workers’ Vehicle Expenses for Minimum Wage Purposes

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The U.S. Court of Appeals for the Sixth Circuit vacated two district court decisions involving how pizza delivery drivers should be reimbursed for vehicle-related expenses under the Fair Labor Standards Act (FLSA). Parker v....more

Adams and Reese LLP

Who Pays for Remote Work Expenses? - Navigating Employer, Employee Responsibilities

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As remote work becomes increasingly prevalent, one crucial aspect that employers and employees must address is the allocation of expenses incurred in a remote work setup. In the evolving landscape of work, the shift towards...more

Holland & Hart - Employers' Lawyers

How to Address Damage to Company or Customer Property

Question: Can we legally require employees to reimburse the company for damage to customer or company property (i.e., the full amount of damages or insurance deductible)?...more

McDermott Will & Emery

[Webinar] Return to Work Series: A New Age for Employers - July 28th, 12:00 pm - 1:00 pm EDT

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Time for Compliance in an Altered Work Environment - As companies continue settling into their new working environments—remote, hybrid, or fully back in the office—there remain a number of challenges that have stemmed...more

Husch Blackwell LLP

Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

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In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...more

Fox Rothschild LLP

When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

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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

Morrison & Foerster LLP - Class Dismissed

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2021

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In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Baker Donelson

Does Your State Require Employers to Foot the Bill for Employees' Remote Work Expenses?

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As the COVID-19 pandemic hit, several states and localities implemented shelter-in-place orders to slow the spread of the coronavirus. Consequently, many workforces were thrust into remote work models without adequate time...more

Fox Rothschild LLP

Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate

Fox Rothschild LLP on

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

Seyfarth Shaw LLP

Expense Reimbursements in the Era of Remote Working

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Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are...more

BakerHostetler

Navigating Expense Reimbursement Amidst the New Work-From-Home Normal

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In Mid-March, much of the nation’s workforce began working from home due to the COVID-19 pandemic. As a result, many employers had to rapidly adjust to utilizing a virtual workforce. With this unprecedented shift in working...more

Vinson & Elkins LLP

Reimbursing Business Expenses For A Remote Workforce

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Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home,...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Recovering Amounts Owed by a Departing Employee: You Know You Probably Cannot Deduct...

Epstein Becker & Green on

In employment, as in life generally, breaking up can be hard to do. This is particularly so when a departing employee owes the employer money. Most employers understand that applicable law often prohibits simply deducting...more

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division's Latest Guidance on COVID-19 and...

Seyfarth Shaw LLP on

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”).  ...more

Seyfarth Shaw LLP

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division’s Latest Guidance on COVID-19 and...

Seyfarth Shaw LLP on

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”). ...more

Fisher Phillips

Covert Costs Of The COVID-19 Pandemic: Expense Reimbursement For Remote Workers

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Employers across the nation have faced swift and dramatic changes to business operations as states and local municipalities have issued “stay-at-home” orders and imposed other restrictions in the hopes of stymying the spread...more

Payne & Fears

Remote Work Issues to Consider in Light of COVID-19

Payne & Fears on

Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak.  If you are one of them, you should consider the following as you transition your workforce to a remote working...more

Seyfarth Shaw LLP

Will Cannabis Legalization Lead To “High” Stakes Wage And Hour Litigation?

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As previously reported, the Tenth Circuit created a buzz when it found that cannabis companies need to pay overtime under the FLSA even though marijuana is illegal under Federal law....more

Littler

Labor Department Clears the Way for Employee Perks

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Employees appreciate employee discounts, tuition reimbursement, prizes of small value, and wellness benefits. But those perks had been put in danger in recent years by lawsuits claiming that employers should have paid...more

Snell & Wilmer

U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation

Snell & Wilmer on

On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate...more

Seyfarth Shaw LLP

Regulatory Spring: Rulemaking by the Wage & Hour Division

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Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more

Jackson Lewis P.C.

Department Of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

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The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires...more

FordHarrison

"Better Ingredients, Better Pay?" - Courts to Consider Legality of Papa John's Reimbursement Policy for Delivery Drivers

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Employers in the restaurant industry have seen an increasing trend of litigation over reimbursement policies for delivery drivers. ...more

Fisher Phillips

New In 2019: Illinois Employers Must Reimburse Business Expenses

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The new year brings new employee reimbursement obligations for Illinois employers. Effective January 1, 2019, the Illinois Wage Payment and Collection Act requires employers to reimburse employees for all necessary...more

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