News & Analysis as of

Non-Exempt Employees Wage and Hour Employment Policies

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

Whiteford on

Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Davidoff Hutcher & Citron LLP

Meal and Rest Break Requirements for New York Restaurants: What Owners Need to Know

In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...more

Amundsen Davis LLC

California Court Affirms Employers Can Use Standing Meal Period Waiver for Employees Working Six Hours or Less

Amundsen Davis LLC on

On April 21, 2025, a California Court of Appeal held employees working six hours or less in a single workday can prospectively waive their mandatory meal periods. The ruling provided clarification on a long-standing question:...more

Stradling Yocca Carlson & Rauth

Employers Catch a Break: California Court of Appeal Approves Prospective Meal Period Waivers

On April 21, 2025, the California Court of Appeal issued an opinion validating written, prospective meal period waivers for non-exempt employees. The decision in La Kimba Bradsbery v. Vicar Operating, Inc. provides employers...more

Jackson Lewis P.C.

Expanded Definition of ‘Low-Wage’ Employees in Virginia Non-Compete Ban: Employers Need to Act Now

Jackson Lewis P.C. on

Virginia is the most recent state to tighten restrictions on employment non-compete agreements. Governor Glenn Youngkin signed a bill expanding the definition of low-wage employees under the state’s existing prohibition on...more

McGuireWoods LLP

Employers Note: Virginia Bans Noncompetes for All Overtime-Eligible Workers

McGuireWoods LLP on

Beginning July 1, 2025, Virginia will prohibit noncompete agreements for all employees eligible for overtime pay. The new law builds on previous prohibitions for “low-wage employees” in the Commonwealth....more

Littler

Dear Littler: Do We Need to Compensate Employees for Travel Time and Other Time Spent Incidental to Work?

Littler on

Dear Littler, We are a nursing services company with employees in various states, some of whom work remotely. Recently, some employees have been asking to be paid for time spent commuting to client sites or into our offices....more

Jackson Lewis P.C.

2025 Updates to Washington’s Paid Sick Leave Law: What Employers Need to Know

Jackson Lewis P.C. on

Washington expanded the covered uses and definition of a family member under Washington’s paid sick leave law effective January 1, 2025. Under Washington’s paid sick leave law employers must provide non-exempt employees with...more

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on … DOL Confirms Managers Are Blocked from Tip Pool Even When Working in Non-Supervisory...

Epstein Becker & Green on

Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a...more

Woods Rogers

Who Gets Paid on a Snow Day?

Woods Rogers on

It’s that time of year! You can’t turn on the news and not see a winter weather advisory for somewhere in the country. Here is a question we get every year: Do we have to pay employees if it snows, and the office is closed?...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

Fisher Phillips on

As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

Seyfarth Shaw LLP on

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

Jaburg Wilk

The Dangers of OTC Work

Jaburg Wilk on

Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for...more

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

DOL’s New Outreach Initiative and Guidance on Application of the FLSA to Pandemic Scenarios, Including the Compensability of...

On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour...more

Perkins Coie

While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible...

Perkins Coie on

California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more

Holland & Knight LLP

California Supreme Court Rejects Rounding of Timekeeping for Tracking Meal Periods

Holland & Knight LLP on

If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more

Jackson Walker

Employers’ Obligations to Pay Wages for Workdays Missed During Winter Storm Uri

Jackson Walker on

During the week of February 15, 2021, many North American states experienced yet another record-setting weather-related event, unofficially known as Winter Storm Uri. For Texans, the storm brought rare sights of ice, snow,...more

Jaburg Wilk

Is Remote Work Increasing Off the Clock Work?

Jaburg Wilk on

Earlier this year, became, for many of us, part of our “new normal.” And such arrangements are likely to continue in the future. With the number of new infections continuing to rise throughout the United States, many...more

Proskauer - California Employment Law

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...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

Epstein Becker & Green

#WorkforceWednesday: Coronavirus and Work-from-Home Policies, HIPAA and Coronavirus, Arbitration Agreements - Employment Law This...

Epstein Becker & Green on

Happy #WorkforceWednesday to all employers. Here’s the week’s top workforce management and employment law news: Coronavirus To-Dos: Work-from-Home Policies (Video) In the event the coronavirus spreads drastically, many...more

Stoel Rives - World of Employment

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat...more

Epstein Becker & Green

Colorado Officially Increases the Minimum Salary Threshold for Exempt Employees and Makes Changes for Non-Exempt Employees Too

Epstein Becker & Green on

As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more

Seyfarth Shaw LLP

Call Center Employees in Massachusetts Win Claim For Sunday Premium Pay

Seyfarth Shaw LLP on

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

Cozen O'Connor

Severe Flu Season Creates HR Challenges

Cozen O'Connor on

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace.  Contagious diseases are...more

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