News & Analysis as of

Exempt-Employees Non-Exempt Employees Employment Litigation

Parker Poe Adams & Bernstein LLP

Supreme Court Will Not Review Challenge to Overtime Exemption Rules

On Monday, the U.S. Supreme Court declined review of a First Circuit Court of Appeals decision rejecting a facial challenge to the way the Department of Labor and federal courts determine exempt versus non-exempt duties under...more

Fisher Phillips

SCOTUS Predictions: Justices Will Hand Win to Employers By Rejecting Higher Standard of Proof in Overtime Exemption Cases

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...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

Littler

Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test

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On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Polsinelli

Supreme Court Takes Up FLSA High Earners Exemption

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On October 12, 2022, the U.S. Supreme Court heard oral arguments in a case that considers whether a supervisor who earned over $200,000 annually may still be eligible for overtime pay under the Fair Labor Standards Act...more

Kohrman Jackson & Krantz LLP

Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?

The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have...more

CDF Labor Law LLP

Employers Gain Defense Against Unmanageable PAGA Claims

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In a case of first impression, last week, the Second District California Court of Appeal held that judges have inherent authority to limit, and even strike, unmanageable PAGA claims. ...more

Jaburg Wilk

Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages

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Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

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Seyfarth Synopsis: A Massachusetts trial court judge ruled that employees were entitled to premium pay for work on Sundays at a call center, under a Massachusetts statute governing Sunday and holiday work at a retail “store...more

Flaster Greenberg PC

2019 Law At Work - Year In Review

Flaster Greenberg PC on

They say the only thing in life that is constant is change, and we certainly saw that in 2019. This was a big year for change in employment law as legislators, courts, and regulators, shaped the workplace to reflect societal...more

Coblentz Patch Duffy & Bass

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

Troutman Pepper Locke

California Adopts Strict Independent Contractor Test in New Bill

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On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more

Seyfarth Shaw LLP

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee...

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Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

Fisher Phillips

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

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