DOL Releases New Overtime Rule And Increases Minimum Salary To $35,568
9/30/19
By: Brad Adler
On Tuesday, September 24, 2019, the U.S. Department of Labor released its long-awaited new minimum salary threshold for the Fair Labor Standards Act’s white collar exemptions (i.e., executive, administrative and professional exemptions). Under the new rule, which …
California Appellate Court Concludes That Employer Lawfully Rounded Employee Time Up and Down
7/12/18
By: Laura Flynn
The Second District of the California Court of Appeal has ruled that calculating payroll by automatically rounding workers’ hours either up or down to the nearest quarter-hour is legal as long as it does not result in …
California’s New Independent Contractor Test
7/11/18
By: Christine Lee
On April 30, 2018, the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, in which the Court adopted an extremely broad view of workers who will be …
Bonus or No Bonus? California Supreme Court Clarifies Calculation of Overtime
4/16/18
By: Christine C. Lee
Calculating the correct overtime pay rate for non-exempt employees just got a little more complicated for California employers who elect to pay bonuses. In the recent case of Alvarado v. Dart Container Corporation of California, …
Service Advisors Once Again Exempt From Overtime
4/3/18
By: Brad Adler & Michael Hill
After years of back and forth in the lowers courts, the Supreme Court has ruled that service advisors at auto dealerships are exempt employees under the Fair Labor Standards Act (“FLSA”). It’s the rare …
Congress Steps Into Tip-Pooling Fight
3/23/18
By: Timothy J. Holdsworth
We wrote previously about the background on the tip-pooling regulations and the DOL’s Notice of Proposed Rulemaking (“NPR”) that would allow tip-pooling arrangements that include employees who do not regularly and customarily receive tips under the …
Governor Wolf Proposes New Overtime Rules for Pennsylvania
2/20/18
By: Christopher M. Curci
Employers may recall the Obama administration’s efforts in 2016 to increase the overtime rule salary exemption from $23,600 annually to $47,476 annually. By way of background, employers are required to pay overtime to employees who work …
11/28/17
By: Will Collins
Last year, the Supreme Court narrowly avoided a collision with the question of whether service advisors at car dealerships are exempt as “salesmen” under the overtime requirements of the Fair Labor Standards Act (FLSA). However, as Encino …
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts …