Pacific Employers: Basic Reminders on Payroll Deductions
Anna Elento-Sneed of Carlsmith Ball LLP
If there is one "chore" that all employers have in common, it is processing the employee payroll.
Michigan's Wage and Fringe Benefits Act: A Pitfall for Employers
Dykema Gossett PLLC
Michigan's Wage and Fringe Benefit Act has remained an anomaly for most Michigan employers. Since most employers a.
New Overtime Rules Are Now The Law
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
After much delay and controversy, the Department of Labor's new overtime regulations became the law on August 23, 2004. Under what have been dubbed the new Fair Pay rules, workers earning less than $23,660 per year, or $455 per week, are now guaranteed overtime protection. This is a substantial change from the earlier cutoff of only $7,960 per year.
Oregon Wage Laws
A.E. Bud Bailey of Bailey Pinney & Associates, LLC
Under Oregon Law, If You. Are fired, your wages MUST be paid the next business day. .
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.
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.
Employer Bonus Plans Following the Ralphs Grocery Co. v. Superior Court Decision
Kevin Lilly of Littler Mendelson, P.C.
In Ralphs Grocery Co. v. Superior Court, decided on October 23, 2003, the California Court of Appeal addressed whether the prohibition against deducting cash and inventory shortages from wages prohibits "a large corporate retailer from implementing an incentive compensation plan for managerial, store-level employees in which the amount of the incentive bonus is based on the achievement of store sales and profitability goals." This decision is an important interpretation of California Labor Code sections 221, and 400 to 410, and is the next in the line of cases beginning with the California Supreme Court's decision in Kerr's Catering Service v. Department of Industrial Relations.
Revised FLSA Regulations, Effective August 23, 2004, Set New Standards For Overtime Compensation
Wendy K. Voss of Potter Anderson & Corroon LLP
The United States Department of Labor's long-anticipated, much debated revised regulations under the Fair Labor Standards Act ("FLSA") finally have been issued, and will take effect on August 23, 2004. The most notable change in the new regulations is a guarantee of overtime eligibility to all employees earning less than $23,660 per year, or $455 per week. Employees earning less than this amount will be "nonexempt" (i.e., subject to the overtime requirement), regardless of their duties.
Drafting Enforceable Sales Commission Plans Under New York and California Law
Donna M. Shibata of Morrison & Foerster LLP
Employers often encounter problems in drafting enforceable compensation plans for their commissioned sales employees. This Commentary compares New York and California law governing commission plans to illustrate how legal requirements do vary and highlights common, recurring problems encountered in drafting commission plans.
FLSA Regulations Finalized; Next Step: Compliance
Alexis L. Pheiffer,Michael Aldana,D. Scott Watson and David T. Barton of Quarles & Brady LLP
On April 20, 2004, the Department of Labor issued the long-awaited final version of its "FairPay" rules, designed to update overtime regulations. Under the new rules, most workers earning less than $23,660 per year are guaranteed overtime protection. Employees employed as bona fide executive, administrative, professional, outside sales employees, and certain computer employees remain exempt.