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.
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.
New Developments Under the False Claims Act
Arent Fox LLP
This article reviews new developments under the False Claims Act.
Workers' Legal Rights to Fair Wages and Overtime Pay
Kay A. Giese of Kay A. Giese, P.A.
Nearly 50 years ago, the U.S. Congress passed a law requiring employers to pay most workers a "minimum wage" for .
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.
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.
California Wage and Hour Laws Investigation and Hearings
Hart, King & Coldren
The Division of Labor Standards Enforcement ("DLSE") administers and enforces all labor laws not specifically unde.
Virginia Employers, Employees Unsure of Rights After Day of Rest Law Amended
Nancy N. Delogu and Sue Marie King of Littler Mendelson, P.C.
Legislative error has caused widespread consternation among Virginia employers who discovered on July 1, 2004, that the Commonwealth's little-known "day of rest" laws have been amended to permit all non-managerial employees to insist upon Sunday off.
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.
What's It Worth?: Recent Local Settlements
Elisabeth R. Blattner-Thompson of Parsons Behle & Latimer
A Fair Labor Standards Act case brought by 15 illegal immigrants against two Chinese restaurants was recently settled for $140,000. Plaintiffs claimed they were entitled to overtime and minimum wages. Defendant claimed plaintiffs, as illegal aliens, had no rights under FLSA, and further claimed that defendant was entitled to an offset for housing the defendant provided to the plaintiffs.
Overtime Laws
Eskridge Law
More changes to overtime laws. In case you haven't noticed, the laws relating to overtime pay are complicated and .
Exemp vs. Non-exempt employees
Eskridge Law
This month's topic relates to exempt employees versus non-exempt employees for purposes of overtime compensation. .
Atlanta Employment Law Seminar. Seminar Summaries of Speakers L. Traywick Duffie and Bob Quackenboss of Hunton & Williams
Hunton & Williams LLP
L. Traywick Duffie addressed the issue of the rising number of collective actions under Section 216 of the Fair Labor Standards Act. Robert Quackenboss discussed a variety of issues affecting the conduct of jury trials in employment litigation.
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 .
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.
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.
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.
New California Law Restores Daily Overtime
Leslie L. Abbott of Paul, Hastings, Janofsky & Walker LLP
Governor Gray Davis recently signed into law the "Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999".
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.
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.
Cooley Alert: Fair Labor Standards Act Amended to Exclude Some But Not All Stock Option Compensation from Overtime Calculations
Cooley Godward Kronish LLP
This alert reviews the new Worker Economic Opportunity Act (the "Act") which amends the Fair Labor Standards Act (the "FLSA") to clarify that an employer must exclude compensation attributable to a stock option, stock appreciation right or stock purchase under a "bona fide employee stock purchase program" (an "ESPP") from the calculation of overtime pay and also the calculation of whether the federal minimum wage has been paid for a non-exempt employee (i.e., an hourly employee).
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.
California Assembly Bill AB 60
R. Brian Dixon and Mary Lee Thomson of Littler Mendelson, P.C.
This article covers the effects of AB 60 on IWC Wage Orders.
Corporate Officer Held Personally Liable
Paul, Hastings, Janofsky & Walker LLP
Butler v. Hartford Technical Institute, Inc., 243 Conn. 454 (1997) Butler sued the company president, as well as.
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.
Governor Signs Bill to Restore Daily Overtime
Richard J. Simmons of Sheppard Mullin Richter & Hampton LLP
This article discusses the change to California daily overtime rules.
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.
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.
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.
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.
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.
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.
New Jersey Raises Minimum Wage
Michael T. Grosso of Littler Mendelson, P.C.
On April 12, 2005, Acting Governor Richard J. Codey signed a bill into law which will increase New Jersey's minimum hourly wage to $7.15 over the next two years, $2.00 higher than the current federally-mandated $5.15 minimum hourly wage. The New Jersey minimum wage will increase to $6.15 per hour on October 1, 2005, and then to $7.15, effective October 1, 2006.
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.
Changes In California's Overtime Laws Benefit Employees
Gayle L. Eskridge of Eskridge Law
In July, Gov. Gray Davis signed AB60, the "Eight-Hour Day Restoration and Workplace Flexibility Act of 1999," into .
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.
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.
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.
California Labor Law in the Year 2000
Greg S. Labate of Sheppard Mullin Richter & Hampton LLP
This article summarizes several significant laws that go into effect during the Year 2000.
Is Labor Day Misnamed?
Bayard E. Harris of Woods Rogers PLC
In the past two and a half decades, organized labor has continued its declining membership as a percentage of the A.
Current Issues in Wage/Hour Law for California Employers: Avoiding Employee Disputes and Compliance Pitfalls
Mark Budensiek of Rutan & Tucker, LLP
Many multi-state employers, familiar only with the relatively straightforward compliance obligations posed by federal wage and hour laws alone, often find themselves having to do business one way in forty-nine other states and an entirely different way in California. Armed with an instinct to "do the right thing" for its employees, with open lines of communication to expert advice, and with a thoroughly informed decision-making process about wage and hour compliance, an employer can successfully do business in California.
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.
How Do I Tame the Overtime Dragon?
Ryan, Swanson & Cleveland, PLLC
How to correctly compute overtime seems to generate more calls than any other wage- and-hour issue. The basic rule.
Recent Developments of Interest in Employment Law in California
Melanie A. Calvert of Melanie A. Calvert
The following information is intended as a general discussion. It is not to be relied upon as legal advice in any .
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.
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.
Bulletin: New California Overtime Law Could Cost Unwary Construction Contractors Millions
Robert Spagat of Thelen LLP
This article discusses the recent California statute passed this year which obligates construction contractors to pay their workers overtime for all hours worked beyond eight in one day and on the seventh consecutive day in one week.
The Woes of WAL-MART: A Lesson In Independent Contractor Practices And Immigration Law (Non)Compliance
Carol A. Entelisano of Tanner & Guin, L.L.C.
News headlines over the last 18 months have been sprinkled with reports of the federal government raiding and prosecuting employers for violations of the immigration laws. The government is looking beyond the mere labels of "independent contractor" to see if the employer had knowledge of its contractors' practices.
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.
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.
Wage And Hour Claims: Federal New York State Laws
Michael C. Schmidt of McMillan, Rather, Bennett & Rigano, P.C.
An employee in a retail clothing store is given the title of "executive-manager", genera...
California Restores Daily Overtime Requirement
Songstad & Randall
On July 20, 1999, Governor Gray Davis signed a new law restoring the daily overtime requirement for California.
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.
Los Angeles Labor & Employment Alert: The New Millennium Means The Return of Daily Overtime
Sidley Austin LLP
Provided is a detailed analysis of AB60 (effective January 1, 2000), which provides that hours worked in excess of eight hours in one workday must be paid for at time and one-half the employee's regular rate of pay.
Government Contracts Issue Update: Uncompensated Overtime
Wiley Rein LLP
This newsletter summarizes how a government contractor can compensate for overtime without allowing the federal government to obtain a windfall. This article recommends that government contractors account for overtime by charging direct labor to projects at a standard hourly rate established annually for each direct labor employee.
California's New Overtime Law
William R. Hart of Hart, King & Coldren
Officially entitled the "Eight-Hour-Day-Restoration and Workplace Flexibility Act of 1999 (the Act)," California'.
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"). .
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.
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.
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.
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.
Legal Ground Rules for Recreational Liabilities
Motschenbacher & Blattner LLP
A group of old college friends is playing softball in the park. All of a sudden, this "friendly" game tur.
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.
Self-Audits Of Employment Practices
John C. Cashen of Bodman LLP
A. Introduction With the complexity of statutes and regulations affecting the workplace, every employer can bene.
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.
The Benefits and Potential Risks of Using Leased Workers
Richard P. Gerber of Hart, King & Coldren
For a start-up business, as for an established business, the prospect of retaining leased workers holds both benef.
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.
Legal Considerations When Accepting a Draw
Morris E. Fischer of Morris E. Fischer, Attorneys at Law
Sales representatives and principles sometimes enter into relationships in which the principle recognizes that for whatever reason, the future sales by a sales representative may be sporadic or unpredictable. In order to alleviate the cash flow concerns sales representatives encounter, the principle agrees to pay a set bi-weekly or monthly stream of income, otherwise known as a draw. There are several critical legal issues of which salespersons should be aware when accepting a draw. It may or may not be a friendly arrangement.
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.
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. .
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.