Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who are not exempt from overtime pay under the Fair Labor Standards Act (FLSA).
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
2024 State and Major Locality Minimum Wage Updates
Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality minimum wage increases for 2024—and future years, if available—along with the related changes
Holiday Hotline: Gift Giving
For many, December is a joyful time of year, full of parties, dinners, and decorations. Yet those same festivities make December a busy time of year for us at Shaw Law Group, as we field all kinds of holiday-season-related questions from our clients. This year, we’ll share some of those questions with our faithful blog readers in a December series we’re calling the “Holiday Hotline”! Today, let’s talk about gift giving!
DOL Aims for April 2024 Release of White-Collar Exemption Final Rule
The U.S. Department of Labor (DOL) unveiled its semi-annual regulatory agenda on December 6, 2023, which sets an April 2024 date for release of the agency’s anticipated final rule amending the regulations defining the “white collar” exemptions from the overtime and minimum wage requirements of the Fair Labor Standards Act
Holiday Hotline: Holiday Pay and Policies
For many, December is a joyful time of year, full of parties, dinners, and decorations. Yet those same festivities make December a busy time of year for us at Shaw Law Group, as we field all kinds of holiday-season-related questions from our clients. This year, we’ll share some of those questions with our faithful blog readers in a December series we’re calling the “Holiday Hotline”! Today, we’ll tackle a few questions about holiday pay and policies…
Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes
County firefighters and law enforcement officers who opt out of employer- or union-provided health insurance coverage receive a monetary credit each pay period, minus an “opt-out fee” that goes toward the costs of maintaining the insurance plans. Although the final credit received in their pay is part of their regular
Temperatures May Decrease, but U.S. Minimum Wage, Tip, and Exempt Employee Pay Will Increase on January 1, 2024 in Parts of the Country
It’s time again for a look at scheduled state- and local-level wage increases that will take effect on January 1, 2024, along with some rate changes that occurred in late 2023 before publication. Employers can use this information to determine the minimum amount they must pay non-exempt, tipped, and
Computer Software Employees and Physicians Overtime Exemption Rates for 2024
For an employee to be exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt.
The most common exemptions are the executive, administrative, and professional exemptions. Workers who are employed in administrative, managerial, executive, or professional capacities generally fall under
Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time
Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour.
4 Things for Employers to Know About Wages and the Holidays
As we move into what many refer to as the holiday season, employers may have questions about handling wages and the holidays. Here are four things for employers to understand about holidays and pay for hourly (non-exempt) employees.
Hours worked on a holiday, Saturdays or Sundays should be treated
Texas Federal Court Bars Enforcement of $15 Minimum Wage for Federal Contractors Against Three States
President Joe Biden exceeded his authority under the Procurement Act when he issued an executive order (EO 14026) raising the minimum wage rate for employees of federal contractors to $15 per hour, a federal court in Texas ruled in a suit brought by the states of Louisiana, Mississippi, and Texas. Texas, et al. v. Biden, et al., No. 6:22-cv-00004 (S.D. Tex. Sept. 26, 2023).
Seventh Circuit: Employer May Place Conditions on Paying for Non-Compensable Off-the-Clock Work
If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including requiring employees to record the time worked on those activities, the U.S. Court of Appeals for the Seventh Circuit held. Meadows v. NCR Corp., Nos. 21-3309 & 22-1383, 2023 U.S. App. LEXIS 26442 (Oct. 5, 2023).
Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption
The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor Standards Act (FLSA), a federal district court in Texas holds, granting summary judgment to the DOL. Mayfield v. U.S. Department of Labor, No. 1:22-cv-792 (W.D. Tex. Sept. 20, 2023).
DOL Proposes Increasing Weekly Salary Threshold Needed to Qualify for White Collar FLSA Exemptions to $1,059
First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption
On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair Labor Standards Act’s (FLSA) administrative exemption, and thus whether the employee is entitled to overtime payments