News & Analysis as of

Non-Exempt Employees Wage and Hour Labor Regulations

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

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Bass, Berry & Sims PLC

U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay

Bass, Berry & Sims PLC on

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly...more

Vinson & Elkins LLP

Energy Industry Take Note – Should You Be Paying Overtime to Your Highly Paid Employees?

Vinson & Elkins LLP on

The energy industry has long been a source of high-skilled and well-paid jobs, many paying six figures per year to employees. For those jobs, it’s easy for employers to get lulled into a false sense of security when figuring...more

Littler

Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA...

Littler on

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive,...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #2

Seyfarth Shaw LLP on

In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...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

Holland & Hart - Employers' Lawyers

CO Department of Labor and Employment Adopts New Wage and Hour Rules

On Wednesday, January 22, 2020, the Colorado Department of Labor and Employment (“CDLE”) adopted the Colorado Overtime and Minimum Pay Standards Order (“COMPS Order”) #36, which replaces Colorado Minimum Wage Order #35. The...more

Ballard Spahr LLP

Colorado’s Sweeping New Overtime and Minimum Pay Provisions Take Effect March 16

Ballard Spahr LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado...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

Epstein Becker & Green

Hospitality Employers Take Note: Numerous Local Increases to the Minimum Wage Take Effect Now

…With the start of the New Year, employers in the hospitality sector should prepare for new state- and local- minimum wage increases for their non-exempt employees. To help multi-jurisdictional employers easily navigate...more

Epstein Becker & Green

Washington and Maine Approve Salary Increases for White Collar Exemptions in the New Year, with Colorado Poised to Follow Suit

Epstein Becker & Green on

As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...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

Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather

Epstein Becker & Green on

As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create...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

Littler

Washington State Radically Increases Minimum Salary, Fee and Hourly Rates for White Collar Overtime Exemptions

Littler on

On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations.  If not overridden by the Legislature or successfully...more

Bricker Graydon LLP

Salary threshold changes could make more school district employees eligible for overtime pay

Bricker Graydon LLP on

On September 24, 2019, the United States Department of Labor issued a new rule revising the salary threshold for the so-called “white collar exemptions.” While this new rule will not affect teachers, it may affect other...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

Philadelphia Fair Workweek Ordinance’s Effective Date Delayed Until April, 2020

Littler on

On Friday, November 29, 2019, the Philadelphia Mayor’s Office of Labor postponed the effective date of the Philadelphia Fair Workweek Employment Standards Ordinance from January 1, 2020 to April 1, 2020. The Ordinance imposes...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Ballard Spahr LLP

Colorado Proposes Sweeping Changes to Wage & Hour Standards

Ballard Spahr LLP on

As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

Epstein Becker & Green on

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

McNees Wallace & Nurick LLC

Pennsylvania Senate Passes Minimum Wage Hike, and New State Overtime Exemption Regulations are Withdrawn

Major developments in the area of wage and hour law are happening right now in Harrisburg and happening quickly.  These developments may have a significant impact on Pennsylvania employers in 2020 and beyond....more

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