News & Analysis as of

Non-Exempt Employees Compensation & Benefits Fair Labor Standards Act (FLSA)

Troutman Pepper Locke

Changes to Virginia’s Noncompete Statute

Troutman Pepper Locke on

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the...more

Parker Poe Adams & Bernstein LLP

Can Part-Time Employees Qualify for FLSA Overtime Exemptions?

Sometimes a salaried exempt employee reduces their workload to part-time status. Does this change mean that the employer must reclassify that worker as non-exempt under the Fair Labor Standards Act? ...more

Parker Poe Adams & Bernstein LLP

Third Circuit Upholds Verdict Against Home Health Agency Based on Employee Travel Time During Working Day

For most non-exempt employees, the Fair Labor Standards Act considers time spent traveling during the working day to be compensable working time. Last week, the Third Circuit Court of Appeals applied this principle to travel...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

Jackson Lewis P.C. on

Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Littler

Employees’ Compensation Following the Earthquake Situation in Puerto Rico

Littler on

Since late December 2019, a series of earthquakes and aftershocks have struck the southwest region of Puerto Rico, causing many structures to collapse or to sustain severe structural damage. Intermittent electrical service,...more

Harris Beach Murtha PLLC

U.S. Department of Labor Updates Rules Governing Regular Rate Calculation to Provide More Guidance for Employers

Harris Beach Murtha PLLC on

Under the Fair Labor Standards Act, non-exempt employees must receive one and one half times their regular rate of pay for all hours worked over forty in a work week. The “regular rate” is generally calculated by dividing...more

FordHarrison

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

FordHarrison on

Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was...more

Epstein Becker & Green

Department of Labor Issues Final Rule Updating Regulations Addressing When Pay and Benefits Factor into the FLSA Regular Rate

Epstein Becker & Green on

On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other...more

Ballard Spahr LLP

DOL Issues Final Rule on ‘Regular Rate’

Ballard Spahr LLP on

The Department of Labor released a final rule that codifies a majority of the changes it proposed to the “regular rate” regulations earlier this year. These changes will take effect on January 15, 2020....more

Troutman Pepper Locke

Pennsylvania Supreme Court Confirms That Employers Cannot Use Fluctuating Workweek Method of Calculating Overtime

Troutman Pepper Locke on

Q: I heard that the Pennsylvania Supreme Court recently issued a major ruling regarding overtime pay. What do I need to know? ...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

Littler on

The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

Epstein Becker & Green

Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux)

Epstein Becker & Green on

In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those...more

Polsinelli

What Must be Included in the Regular Rate? DOL Proposes Clarification

Polsinelli on

On March 28, 2019, the U.S. Department of Labor (“DOL”) announced a proposed rule to update the regular rate requirements under 29 CFR part 778 and section 7(e) of the Fair Labor Standards Act (“FLSA”)....more

Foley & Lardner LLP

DOL at it Again: New Proposed Rules Published to Clarify Regular Rate

Foley & Lardner LLP on

On March 28, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would clarify that certain payments and benefits provided by employers do not factor in to employees’ “regular rate,” which is used to...more

Holland & Knight LLP

DOL Issues Long-Awaited Proposed Guidance on Application of "Regular Rate" of Pay

Holland & Knight LLP on

• The U.S. Department of Labor has proposed a rule updating the calculation of a nonexempt employee's regular rate of pay for overtime pay purposes. • The proposed rule is intended to better reflect the modern workplace...more

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