On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the white-collar exemptions to the Fair Labor Standards Act (FLSA). Because of this
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks
On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats longstanding principles regarding what constitutes hours worked under the Fair Labor Standards Act
What the Law Says About Service Tipping
ELEVENTH CIRCUIT REINFORCES FLUCTUATING WORKWEEK METHOD OF PAYING OVERTIME
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an employee’s regular rate for all hours worked greater than forty in a workweek, instead of “time-and-a-half” pay for those hours. This method of pay — called the “fluctuating workweek method” — may be used when a nonexempt employee’s weekly hours vary.
THE LATEST AND GREATEST NEW PAY TRANSPARENCY LAWS
These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants.
2022 Wage and Hour Developments: A Year in Review
In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal and state level.
Former CBD Store Employee Settles Misclassification and OT Dispute with Employer
A former employee of Deep Six CBD reached a settlement with the company over alleged misclassification of his employment status and subsequent pay issues. A Pennsylvania federal judge tossed the plaintiff’s proposed class action lawsuit following the agreed settlement, dismissing the case with prejudice. Details of the settlement were
State and Major Locality Minimum Wage Updates for 2023
Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and future years, if available—along with the related changes in the maximum tip credit and
Perdue Farms Settles Allegations of Anti-Competitive Collaboration with Undisclosed Amount
Perdue Farms agreed to settle a lawsuit filed by workers in the Maryland and Colorado federal courts over claims that the poultry distributor plotted to depress wages, The parties said they plan to seek preliminary approval of the settlement in the “near future.”
A settlement in a legal case
Car Seat Manufacturers Sued for Not Including Bonuses in Overtime
In November, an overtime lawsuit was filed in Ohio federal court against two car seat manufacturers who allegedly failed to include bonuses in calculating workers’ pay. According to the class-action complaint, Grammar Inc., and Toledo Molding & Die, LLC paid less in overtime wages to their employees than what was
Manual Worker Lawsuit Against Old Navy Proceeds in Court
A New York District Court judge recently denied Old Navy’s motion to dismiss a former employee’s late pay lawsuit. Jonelle Harris, a former sales representative, filed a class action lawsuit against the clothing retailer in 2021 and alleged that Old Navy prevented her from saving, investing, or using the wages
Treasury Department Issues Guidance on the Inflation Reduction Act’s Prevailing Wage and Apprenticeship Requirements
On November 30, 2022, the U.S.
After the Ball Drops, Wages Rise: Minimum Wage, Tipped and Exempt Employee Pay Increases on January 1, 2023
Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we summarize scheduled state- and local-level wage increases that will occur on January 1, 2023 (or on New Year’s Eve
Computer Software Employees and Physicians Overtime Exemption Rates for 2023
In order for an employee to be deemed exempt from overtime regulations under California law, the employee must fit into a category of work that is deemed exempt. The most common exemption is the executive, administrative, and professional exemption, which includes workers who are employed in administrative, managerial, executive, or
Veterans Day And a Reminder of Employers’ Military Leave Obligations
On November 11, 2022, the United States will celebrate Veterans Day, an annual holiday honoring military veterans of the United States Armed Forces. The date was first recognized as Armistice Day, a holiday to celebrate the end of World War I.