Exempt vs. nonexempt is a question that continues to trip up even the most sophisticated employers. Recently, Bed, Bath & Beyond was sued in Illinois federal court by assistant store managers who claim the company incorrectly classified them as exempt and improperly denied them overtime pay. With overtime claims on the rise, employers can’t afford […]
The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Employers and others have until September 25 to submit comments to shape the rule governing which workers are eligible for overtime pay. Once the deadline passes, employers will face a waiting game before learning what changes may be in store.
Are certain classes of your employees routinely working overtime? If so, are they properly classified as exempt or nonexempt? Wage and hour class actions continue to be large thorns in the sides of many employers, and this recent decision serves as a good reminder of how critical it is for you to review your overtime […]
A New Jersey district court recently permitted a wage and hour class action to proceed despite the employer’s assertion that a collective bargaining agreement (CBA) preempts the employees’ claims.
Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.
A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Further, the court examined the novel issue of whether lodging and meals provided to an employee may be used to satisfy the […]
Employers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. Department of Labor (DOL) published a Request for Information (RFI) in the Federal Register on July 26.
The U.S. Department of Labor (DOL), headed by newly appointed Secretary of Labor Alexander Acosta, has decided not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL will seek to begin a new rulemaking process, likely with a lower salary threshold for exemption.
The U.S. Department of Labor (DOL) has submitted a Request for Information (RFI) regarding the final overtime rule to the Office of Information and Regulatory Affairs (OIRA) for its review. An RFI is an optional step used by governmental agencies when drafting rules in order to obtain public input on whether a new rule or […]