Wage Withholding Under the North Carolina Wage and Hour Act
Erin Lewis Roberts of Nexsen Pruet
This article summarizes North Carolina's wage and hour act for wage withholding.
Edwards v. Audubon Insurance Group: A Case of First Impression Holding an Insurance Underwriter to Be an Exempt Administrative Employee Under the FLSA
James J. Oh of Littler Mendelson, P.C.
Those on the front lines of the battles over who is or is not an exempt administrative employee under the Fair Labor Standards Act (FLSA) or various state wage and hour laws are well aware of the deluge of cases in the past five years ? many of them collective and class actions ? about whether claims adjusters at insurance and other companies are exempt from overtime requirements of federal or state law.
Significant Changes to FLSA "White Collar" Exemptions Effective August 23, 2004
Anne E. Denecke,Mary E. Drobka and Cecily Fuhr of Davis Wright Tremaine LLP
Most employers are aware by now that the U. S. Department of Labor (DOL) recently announced sweeping changes to the regulations governing the "white collar" overtime exemptions under the federal Fair Labor Standards Act (FLSA). The changes are slated to take effect August 23, 2004.
Three Overtime Nightmares
Powell, Trachtman, Logan, Carrle & Lombardo P.C.
Most employers understand their basic obligation to pay overtime compensation. They know there are "exempt" employ.
The Fair Labor Standards Act--Many Traps for the Unwary
Smith, Currie & Hancock LLP
When most employers think about the Fair Labor Standards Act (FLSA), they think about two thingsÃÂminimum wage and.
Selected Year 2000 Legal Issues to be Considered in Year 2000 Planning Efforts
Day Pitney LLP
Year 2000 Internal Examinations and Studies * Year 2000 Compliance Programs.
Beware of Wage and Hour Class Actions
Jeffrey J. Droubay of Parsons Behle & Latimer
In October 2001, Perdue Farms, Inc., a chicken processing company, paid $10 million to a group of its employees to settle a lawsuit.ÃÂ The suit was premised upon a simple, yet costly proposition:ÃÂ Perdue had failed to compensate its employees for the time that they spent putting on, taking off, and cleansing their sanitary equipment.
New FLSA Regulations Require Some Policy Changes
David T. Barton of Quarles & Brady LLP
Many employers have a simple Fair Labor Standards Act policy that says little more than that the company will pay overtime in compliance with the Act. The latest FLSA regulations published by the Department of Labor which became effective on 23 August 2004 have two provisions which suggest that it may be time to modify that FLSA policy.
Take Action to Avoid OT Lawsuits
Mason G. Alexander of Fisher & Phillips LLP
In the 2004 calendar year, 743 collective lawsuits ? that is, lawsuits brought on behalf of more than one plaintiff ? were filed in federal district courts alleging violations of the Fair Labor Standards Act (FLSA). This number is up from just 79 such lawsuits in 2000.
Wage Games: Law On Docking Exempt Employees' Salaries Is In Flux
Sue M. Bendavid-Arbiv of Arter & Hadden LLP
Determining whether employees are exempt from certain wage-and-hour laws is not easy. Determining when an employer can dock an exempt employee's salary while maintaining the exemption is even more difficult.
Exempt Employees May Receive Overtime Pay
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
Margellius Anunobi worked as a salaried pharmacist for Eckerd and was classified as an exempt professional employee under the Fair Labor Standard Act's (FLSA) white collar exemption. Anunobi challenged his exempt status and sued Eckerd to recover unpaid overtime compensation.
Wage Act Claims
Michael P. Murphy and Mark F. Murphy of Burns & Levinson LLP
The Massachusetts Wage Act (the ?Wage Act?) provides protections for employees by requiring the prompt payment of wages within six (6) days of being earned. G.L. c. 149 § 148. The purpose of the Wage Act is to limit the interval between the completion of an employee?s work and the payment of wages. American Mutual Liability Ins. Co. v. Commissioner of Labor and Industries, 340 Mass. 144, 145 (1959).
Department of Labor Proposes Long-Awaited FLSA Reform
Steven T. Catlett and Michael J. Gray of Jones Day
On Monday, March 31, 2003, the Department of Labor published proposed regulations that significantly change the tests for determining which employees are exempt from time-and-a-half overtime pay under the Fair Labor Standards Act. Since 1949, the DOL has made only minor modifications to these regulations, leaving them considerably out of date, vague, and confusing.
Exemp vs. Non-exempt employees
Eskridge Law
This month's topic relates to exempt employees versus non-exempt employees for purposes of overtime compensation. .
Navigating the Fair Labor Standards Act
Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
In the Fall, 1998 edition of the Stein Sperling Employment Law Digest, some of the more common pitfalls associated .
Wage and Hour Laws to Get Long Over-Due Facelift
Shelly L. Freeman of Lathrop Gage
On March 31, 2003, the Department of Labor (DOL) published its proposed regulations that would modify the definitions of employees who are categorized as exempt from minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). There is a 90-day public comment period before the Department of Labor finalizes these regulations.
Is Your Company Prepared for a Visit from the Department of Labor?
Pene S. Ferguson of Greenberg Peden P.C.
Imagine for a moment that you are sitting in your office with your feet propped up enjoying a typical balmy December afternoon in Houston, minding your own business, when your ever-dependable secretary-receptionist-office administrator walks in and casually mentions that she has spent the last thirty-five minutes talking to a very nice gentleman from the United States Department of Labor who happened to pop into the office to ask some routine questions about the company.
Employment Law Alert: Worker Economic Opportunity Act Permits Employers to Exclude from Regular Rate of Pay Value and Income from Employee Stock Options Pursuant to Certain Plans
Saul Ewing LLP
On May 18, 2000, President Clinton signed into law the Worker Economic Opportunity Act, P.L. 106-202 (the "Act"). .
Supremes Clarify Portal-to-Portal Act?
Charles J. Mataya of Boult, Cummings, Conners & Berry, PLC
In a recent opinion, IBP, Inc. v. Alvarez, the Supreme Court has finally provided employers with a "bright-line" test for use in deciding when activities performed by employees constitute compensable time under the Fair Labor Standards Act ("FLSA"). Not really. Instead, the Court has again applied a law intended to provide a bright-line test for employers, in a manner that does anything but provide that test.
The Fair Labor Standards Act: An Old Law Getting New Attention
Eric B. Johnson of Quarles & Brady LLP
The Fair Labor Standards Act of 1938 ("FLSA") and the Act's implementing regulations were adopted against the backdrop of the Great Depression. In an effort to diminish the confusion concerning the FLSA, the DOL issued its long-awaited final version of its "FairPay" rules on April 20, 2004.
Wisconsin Department of Workforce Development, Equal Rights Division Increases Minimum Wage Effective June 1st
Dale L. Deitchler of Littler Mendelson, P.C.
Recognizing that the federal minimum wage has fallen to its lowest inflation-adjusted value of all time, and commenting that wages are "so low that workers and their families can't afford their most basic needs," the Wisconsin Department of Workforce Development, Equal Rights Division ("ERD") amended its labor standards rules to make significant changes to the state minimum wage requirements, including an increase to minimum wages.
Overtime Collection and Class Actions: The Need for Reform
Paul DeCamp* of The Federalist Society
In years past, when a recently-terminated employee walked into an attorney's office to discuss possible legal action against a former employer, the first issue the attorney would usually want to explore was what protected class or classes the client belonged to and what evidence the individual had to support an inference of unlawful discrimination, harassment, or retaliation.
The Second Circuit's New Test of Joint Employer Status Under the FLSA
Gregg Brochin of Davis & Gilbert LLP
The Fair Labor Standards Act ("FLSA" or the "Act"), 29 U.S.C. § 201 et seq., sets basic minimum wage and overtime pay standards. Although many companies have difficulty determining which of their employees are exempt under the Act, most employers do not have much trouble determining who are their employees for FLSA purposes.
Old Law, New Trick: Why Wage and Hour Laws Are Biting Employers
Ronald J. Lee of Faegre & Benson LLP
This article reviews the Fair Labor Standards Act and some of its common misperceptions. Additionally, this article points out that companies should continually audit their payroll practices.
Compliance Update: Status of Federal and Wisconsin Overtime Rules
Sean M. Scullen of Quarles & Brady LLP
On August 23, 2004, the Department of Labor's revisions to the regulations defining which employees are exempt from overtime pay under the FLSA went into effect. The most significant changes include an increase in the amount of minimum weekly salary that an employee must receive to be classified as exempt to $455 per week, a revision that makes it more difficult to classify employees as exempt.
Overtime Pay: The Insurance Industry Continues The Battle Over "White Collar" Exemptions
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
The insurance industry certainly has not been exempt from the skyrocketing number of Fair Labor Standards Act ("FLSA") cases being filed by employees around the country for unpaid overtime. The FLSA is the federal law governing, among other things, overtime issues, and recently undergoing what many believe to be some much-needed revisions. Recent court rulings addressing the exempt status of insurance agents and adjusters demonstrate the high stakes that can be involved in answering the question of whether or not an employee is exempt from the FLSA's overtime provisions.
The Department of Labor's Revised White-Collar Regulations a New Focus in an Uncertain Arena
R. Brian Dixon,Joseph P. Harkins and Christina L. Feege of Littler Mendelson, P.C.
The U.S. House of Representatives twice this past May voted to table a non-binding resolution instructing House conferees to adopt an approach similar to the Senate's restrictions on the Department of Labor's white collar regulations. If the Republican leadership in the House maintains control of such procedures, Democratic attempts to restrict the regulations may never reach the White House for the President's signature or veto.
Labor and Employment Audit Can Save Your Business in the Long Run
Bruce J. Douglas of Larkin Hoffman Daly & Lindgren Ltd.
Have you had a check-up lately? No, not a personal physical check-up, but a comprehensive review or "audit" of your company's personnel policies and practices? Most businesses can expect to be visited by a government agency at some time during their existence, and the result of that type of audit can result in substantial fines or penalties or possibly costly litigation.
Required Records and Posters
Duff, White & Turner, LLC
Several federal and state employment and labor laws require employers to keep records and post notices informing em.
Show Me the Money: Wage and Hour Lawsuits Soaring in Popularity
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
Within the past year, the number of lawsuits filed by employees seeking to recover unpaid overtime wages has dramatically risen, and in many states have actually surpassed the number of discrimination lawsuits filed by employees.
Paid Time Off for Partial Day Absences and Maintaining "Exempt" Employee Status
R. Brian Dixon and John M. O'Donnell of Littler Mendelson, P.C.
On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee's PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. This opinion letter confirms what had been the DOL's position under the previous regulations regarding the white-collar exemptions for executive, administrative and professional employees and resolves what had become an issue under the new regulations.
Out With The Old, In With The New: Sweeping Changes to Overtime Regulations On The Horizon
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
The Department of Labor has proposed new regulations to help employers in the struggle of properly classifying employees as "exempt" or "not exempt" from the overtime provisions of the Fair Labor Standards Act ("FLSA"). The proposed changes, published on March 31, 2003 and expected to go into effect in January 2004, represent the first significant changes to the overtime regulations since the FLSA was originally enacted in 1938.
Proposed Federal Regulations Affect How Employees Are Paid
Bruce H. Henderson of Tanner & Guin, L.L.C.
The U.S. Department of Labor has proposed the most significant revisions to the regulations governing America's workforce since the passage of the Fair Labor Standards Act of 1938 ("FLSA").
Timekeeping and Exempt Employees
Lisa A. Royee of Thompson, Coe, Cousins & Irons, LLP
Recently, the Department of Labor (DOL) issued an opinion letter clarifying confusion about timekeeping and exempt employees. The opinion is supported by the preamble to the new DOL regulations 29, C.F.R. 541.
Exclusions from Overtime
Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd.
The federal Fair Labor Standards Act (the "Act") requires that employers pay employees overtime, in the.
Do Leave Bank Deductions for Partial-Day Absences Destroy Exempt Status?
Duff, White & Turner, LLC
Executive, administrative, and professional "white collar" employees who meet the "salary basis test" and the "dut.
Proposed Overtime Rules Face Uncertain Future
William R. Pokorny of Wildman, Harrold, Allen & Dixon LLP
On March 31, 2003, the Department of Labor proposed sweeping changes to the regulations that define which "white collar" workers are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act. There is little dispute about the need to update the regulations, which have been in force with only minor modifications since 1949. However, the future of the DOL's proposal is far from clear, as labor and employee groups lobby to kill what they call an attempt to cut wages and abolish the 40-hour workweek, and businesses seek relief from Byzantine regulations and an explosion of overtime-related litigation.
Florida's Minimum Wage Takes Effect May 2, 2005
Lori A. Brown and Linda Noel Fleurimond of Littler Mendelson, P.C.
Effective May 2, 2005 employers in Florida must pay hourly employees $6.15 per hour and tipped employees $3.13 per hour. The provisions of the Florida Minimum Wage dictate costly penalties for noncompliant employers.
How Do I Determine if an Employee is Exempt from Overtime?
Ryan, Swanson & Cleveland, PLLC
You must pay overtime to employees who works over 40 hours a week unless the employee is specifically exempt from o.
Federal and State Statutes Pertaining to Termination, Discharge, Overtime and Wages
Law Offices of Joseph R. Yurgine, P.C.
Have you been terminated or discharged? Do you feel that your discharge was motivat.
The Motor Carrier Exemption Under the Fair Labor Standards Act
U.S. Department of Transportation
Fact sheet from the Department of Transportation which discusses the motor carrier exemption under the Fair Labor Standards Act.
Are Your Clients Prepared For A Visit from the Department Of Labor?
Pene S. Ferguson of Greenberg Peden P.C.
Last year, the United States Department of Labor ("DOL") officially began an audit of the construction industry which the department hopes will be as successful as its attack on the garment industry was.
Recent Wage Hour Decision Sends Wake Up Call For California Employers
Sheppard Mullin Richter & Hampton LLP
This article discusses the California Supreme Court's decision in Ramirez v. Yosemite Water Company, Inc..
Protecting Against Employee Wage Claims
Craig R. Armstrong of Miller Nash LLP
Perhaps you read a recent article on the wage lawsuit against Rent-A-Center, such as the one printed in the business section of The Oregonian on January 18, 2003, or one of several similar articles that have appeared in the media in recent months.
DOL's Long-Awaited "FairPay" Overtime Regulations Will Soon Take Effect
Ryan Griffitts of Thompson, Coe, Cousins & Irons, LLP
In the September 2003 edition of the Thompson Coe Labor & Employment News, Elizabeth Marsh wrote of the pending changes to the "white collar" exemptions of the Fair Labor Standards Act's ("FLSA") overtime regulations. Since then, due to a heated political debate, the proposed changes have been further revised by the Department of Labor ("DOL"). These new "final" regulations have been dubbed the "FairPay" overtime regulations.
Guidelines for Evaluating Whether or Not Employees Satisfythe Executive, Administrative and Professional Exemptions from the Wage andHour Laws
Robert J. Wenbourne of Foley & Lardner LLP
Federal law and most state wage/hour laws contain exemptions from overtime requirements for executive, administrative and professional employees (the so-called "white collar exemptions"). Where the exemptions apply, employers can avoid significant overtime costs and - often more importantly - these exemptions provide a great deal of flexibility for scheduling employees.