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Election year is here, and it comes as no surprise that federal agencies are rapidly issuing new rules and guidelines ahead of November, although there has been a very unusual number of developments from federal agencies 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
Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...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
If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request? You don’t have to work in Silicon Valley or play for the NFL to field this...more
As the summer approaches, many businesses will be looking to hire a summer intern. Internship programs can be a great option for both the intern, who has the opportunity to learn new skills, and the employer, who is able to...more
In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be...more
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...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
Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...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
This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...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 federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The amount of overtime compensation for salaried employees is subject to certain exemptions, one of...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
A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more
As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending...more
There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more
Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more
When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more