The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that Lackawanna County’s failure to pay county employees overtime was not “willful” under the Fair Labor Standards Act (FLSA), even though an e-mail from the county acknowledged that it had “wage and hour issues.”
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 […]
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.
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.
Police officers and firefighters have special overtime rules. Overtime pay for most employees is based on a 7-day workweek. Overtime pay for police officers, firefighters, and related employees, on the other hand, may be determined on a 28-day work period.
A New Jersey federal court recently granted an employer’s motion for summary judgment (dismissal without a trial) on a group of financial advisers’ overtime claims, finding they were properly classified as exempt under the Fair Labor Standards Act (FLSA) and its New Jersey counterpart.
Employees are nearly 2-1 in favor of a proposal to allow for comp time to be used in place of overtime in the private sector, according to a survey released by TSheets.
Compensation. It’s at the forefront of everyone’s minds, especially HR professionals looking to recruit top talent with a competitive salary and to keep current employees sticking around. Recently, a supermarket in Australia came under fire for offering its employees pizza instead of paying them overtime … Which every U.S. employer should know is illegal under […]
The U.S. Department of Labor (DOL) issued a rule under the Fair Labor Standards Act (FLSA) several years ago that made substantial changes to the minimum wage and overtime protections for the many domestic service workers who enable individuals with disabilities and the elderly to continue to live independently in their homes and participate in […]
The most influential writer of the French Renaissance, Michel de Montaigne, once said, “The greater part of the world’s troubles are due to questions of grammar.” Almost 5 centuries later, this still rings true!