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FLSA

High pay alone has no effect on employees’ exempt/nonexempt FLSA status

03/07/2017
Employers can’t assume that because an employee earns more than $100,000 per year and performs some duties that could arguably be considered exempt management tasks, they qualify for the FLSA’s so-called Highly Compensated Exemption.

Overtime rules appeal deadline pushed back to May 1

02/21/2017
The fate of the Department of Labor’s long-delayed new overtime pay rules will not be known for several more weeks. That doesn’t bode well for their eventual enactment.

Never, ever ignore an employee’s lawsuit

02/09/2017
Employers that don’t respond to a former employee’s lawsuit are making a big mistake—even if they truly believe the lawsuit has no merit.

Sued by nonexempts eligible for bonuses? Get out your calculator and checkbook

02/07/2017
All the math adds up to one conclusion: Employers better get their pay systems right.

Beware triple whammy after FLSA retaliation

02/07/2017
Employers that retaliate against employees who file Fair Labor Standards Act claims don’t just face the prospect of owing back pay, plus double that amount in liquidated damages. They also potentially face a damage award for emotional distress.

Trump administration seeks 30-day delay for overtime rule appeal

01/31/2017
The Department of Justice is asking for more time to file briefs in a related 5th Circuit Court of Appeals case.

Tricky compensation arrangements are not a do-it-yourself project

01/30/2017
If you are tempted to use obscure provisions of California’s labor and employment laws to pay your employees, make sure you (and your attorney) pay close attention to the details.

California Supreme Court’s big break ruling: Workers must be completely relieved of duties

01/30/2017
On Dec. 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods.

Santa Ana, Calif. eatery serves up $96K in back OT, penalties

01/30/2017
The couple who owns El Calamar restaurant in Orange County has agreed to settle federal charges that they violated the Fair Labor Standards Act when they failed to pay cooks for all the overtime they worked.

Job–not job description–counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.