News & Analysis as of

Employer Liability Issues Employment Litigation Salaried Employees

Fisher Phillips

4 Tips for Employers After Appeals Court Says Highly Compensated Employee is Entitled to OT Pay

Fisher Phillips on

An appeals court just ruled that a pipe inspector who earned more than $270,000 a year was entitled to overtime pay because he was not paid on a “salary basis.” In its April 1 decision, the 6th Circuit joined the 5th Circuit...more

Shook, Hardy & Bacon L.L.P.

New York Court Rules That Employees Can Sue for Untimely Payment of Earned Salary

In Rosalba Espinal v Sephora USA, Inc. 2024 WL 4241537 (S.D.N.Y.), Judge Paul A. Engelmayer held that employees engaged in manual labor have a private right of action under New York Labor Law (NYLL) §198 (1-a) for the...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Arnall Golden Gregory LLP

Injunction Junction: Judicial Challenges to New Employment Rules

April 2024 saw a whirlwind of activity on the employment front as executive federal agencies issued a wave of new rules. On April 15, 2024, Equal Employment Opportunity Commission (“EEOC”) announced its final rule...more

Parker Poe Adams & Bernstein LLP

Guarantee of Fraction of Total Compensation Does Not Meet FLSA Salary Requirements

In order to claim overtime exempt status under the Fair Labor Standards Act’s white-collar exemptions, the position in question must meet both the duties and salary tests set forth under Department of Labor regulations. The...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Woods Rogers

Are Your Highly Compensated Employees Exempt Under FLSA?

Woods Rogers on

On February 22, 2023, the Supreme Court of the United States issued an important decision under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions Group Inc. et al. v. Michael J. Hewitt, the Court determined that...more

Lippes Mathias LLP

Helix Supreme Court Decision Finds That Daily Pay Rate Employee Making Six Figure Income Can Collect Overtime Under FLSA

Lippes Mathias LLP on

On February 22, 2023, the Supreme Court of the United States issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt finding that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair...more

Lathrop GPM

Supreme Court Finds Highly Compensated Supervisor Entitled to Overtime Pay Under the FLSA

Lathrop GPM on

In a recent opinion (Helix Energy Sols. Grp., Inc. v Hewitt), the Supreme Court held that a highly compensated supervisor paid on a daily-rate basis was not an executive exempt from the Fair Labor Standards Act’s (FLSA)...more

Venable LLP

SCOTUS Holds Highly Compensated Daily-Rate Employees May Be Entitled to Overtime

Venable LLP on

On February 22, 2023, the Supreme Court clarified the requirements for highly compensated employees to be considered executives exempt from overtime pay under the Fair Labor Standards Act (FLSA). In Helix Energy Solutions...more

Mintz - Employment Viewpoints

Supreme Court Clarifies the Meaning “Salary Basis” Under Federal Overtime Law

The U.S. Supreme Court recently held that an employee who earned in excess of $200,000 annually was entitled to overtime pay because he did not qualify for the FLSA’s highly compensated employee exemption. This decision –...more

Brooks Pierce

SCOTUS Ruling Reinforces FLSA Overtime Requirements and Exemptions

Brooks Pierce on

In its most recent employment decision, the Supreme Court rejected an employer’s efforts to avoid paying overtime to a highly-compensated oil rig employee, finding that the employee’s daily pay rate did not satisfy the...more

Perkins Coie

Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

Perkins Coie on

Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more

Ballard Spahr LLP

SCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

Ballard Spahr LLP on

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor...more

McGuireWoods LLP

Supreme Court Upholds Ruling That FLSA Overtime Exemption Didn’t Apply to Day-Rate Rig Worker

McGuireWoods LLP on

On Sept. 9, 2021, the U.S. Court of Appeals for the Fifth Circuit held a highly compensated rig worker was not exempt from the Fair Labor Standards Act’s (FLSA’s) overtime requirements because the employee was paid on a day...more

Epstein Becker & Green

Supreme Court’s Helix Energy Solutions Group Decision Clarifies Salary-Basis Test for Highly Compensated Employees

Epstein Becker & Green on

As we reported earlier this week, on February 22, 2023, the Supreme Court issued its decision in Helix Energy Solutions Group, Inc. v. Hewitt, finding that a daily-rate worker who earned over $200,000 annually was not exempt...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Helix Energy Solutions Group, Inc. v. Hewitt

On February 22, 2023, the United States Supreme Court issued a decision in Helix Energy Solutions Group, Inc. v. Hewitt, No. 21-984, holding that a “daily rate worker” was not exempt from the FLSA’s overtime guarantees...more

BakerHostetler

Supreme Court Adopts Strict Construction of Salaried Test, Even for Highly Paid Exempt Employees

BakerHostetler on

One relatively common misapprehension by employers is that generous wages or popular methods of payment will satisfy the Fair Labor Standards Act (FLSA). On February 22, 2023, the Supreme Court reiterated the need not simply...more

Fisher Phillips

Supreme Court to Decide Whether Highly Compensated Supervisors Paid by the Day Should Get FLSA Overtime Pay

Fisher Phillips on

Employers may be shocked to learn that a supervisor who earns $200,000 a year could be entitled to overtime pay, but the Supreme Court might very well decide you could be on the hook for such payments in the near future....more

Fisher Phillips

The Importance of Getting the California “Regular Rate” Right

Fisher Phillips on

While most California employers are familiar with the “regular rate” from calculating non-exempt employees’ overtime payments, changes in the law make clear that employers will now need to perform the same regular rate...more

Holland & Knight LLP

En Banc Fifth Circuit Holds Highly Paid Rig Worker Not Covered by FLSA Overtime Exemption

Holland & Knight LLP on

In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more

Proskauer - California Employment Law

California Employment Law Notes - November 2020

Court Affirms $4.26 Million Jury Award For “Self-Published Defamation” - Tilkey v. Allstate Ins. Co., 2020 WL 6268474 (Cal. Ct. App. 2020) - Allstate terminated Michael Tilkey, a 30-year employee who sold life...more

Fisher Phillips

Federal Appeals Court Rejects Narrow View of the Fluctuating Workweek

Fisher Phillips on

Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court of Pennsylvania Rejects Use of Fluctuating Workweek Method for Overtime Payment Calculation

In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide