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Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours worked in a workweek, including those over 40. The salary represents the "one" of "one and one-half, so for overtime hours the employee is due an additional one-half of the hourly rate figured by dividing all of the workweek's worktime into the salary (that rate can never be less than the minimum wage, of course).

Could Failing to Pay Your Workers Properly Land You in Jail?

You may know you can face significant monetary penalties for not paying your workers minimum wage and overtime as required by law. But did you know you can also face arrest and jail time for these violations?

Wage and Hour Cases to Watch at the Supreme Court: Part 1 -- Integrity Staffing

This month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions, from the scope of the EEOC’s duty to conciliate discrimination claims (Mach Mining v. EEOC, oral argument set for January 2015 or later) to the applicability of a whistleblower protection law to employees who make disclosures “specifically prohibited by law” (Dep’t of Homeland Security v. MacLean, oral argument November 8). Over at the FMLA Insights blog, my colleague Jeff Nowak discusses Young v. UPS, where the Court will consider whether, and in what circumstances, the Pregnancy Discrimination Act requires an employer that provides work accommodations to non-pregnant employees with work limitations to also provide work accommodations to pregnant employees with similar work limitations.

Department of Labor Publishes Final Rule to Raise Minimum Wage for Certain Federal Contractors and Subcontractors

Executive Summary: The U.S. Department of Labor issued final regulations on October 1, 2014 to implement Executive Order 13658, Establishing a Minimum Wage for Contractors. President Obama signed the Executive Order on February 12, 2014. The Executive Order raises the hourly minimum wage that covered contractors pay to workers performing work on covered federal contracts to $10.10 per hour, effective January 1, 2015. Beginning January 1, 2016 and annually thereafter, the Secretary of Labor will determine the amount of the minimum wage on covered contracts. The Executive Order applies only to new contracts and replacements for expiring contracts with the federal government that result from solicitations issued on or after January 1, 2015, or to contracts that are awarded outside the solicitation process on or after January 1, 2015. Below are highlights of the final rule.

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act. Enforcement was originally to begin on the effective date of January 1, 2015, but the DOL now says it will not take enforcement action until after June 30, 2015.

Tech Support - The FLSA's Specialized Exemption

The Fair Labor Standards Act (FLSA) provides several exemptions from overtime requirements for employees whose job duties meet specific tests. Most employers are familiar with the standard “white- collar” exemptions – including the “executive” and “administrative” exemptions – and the job duties and “salary basis” tests required to satisfy those exemptions.

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum Wage for Contractors.” 79 Fed. Reg. 60634. Executive Order 13658 increases the federal contractor minimum wage to $10.10 per hour and applies to new contracts and replacements for expiring contracts with the federal government that result from solicitations issued on or after January 1, 2015, or to contracts that are awarded outside the solicitation process on or after January 1, 2015.

It's Official: $10.10 Minimum Wage For Government Contractors

The U.S. Labor Department (DOL) published final regulations implementing President Obama’s Executive Order, raising the minimum wage to $10.10 per hour for workers on government contracts. The new minimum wage will take effect January 1, 2015, and will be adjusted annually, as it is indexed to the consumer price index for urban wage earners. The new minimum wage will apply to some, but not all, employees working directly on covered federal contracts, and it will apply to many others who do not work on the contract but work “in connection” with it.

Higher Minimum Wage Coming For Government Contractors

Our partner Tom Rebel has prepared an overview of the U.S. Labor Department's final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658.

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum Wage for Contractors.” 79 Fed. Reg. 60634. Executive Order 13658 increases the federal contractor minimum wage to $10.10 per hour and applies to new contracts and replacements for expiring contracts with the federal government that result from solicitations issued on or after January 1, 2015, or to contracts that are awarded outside the solicitation process on or after January 1, 2015.