Blog

Overtime

Big Bucks Supervisor Scores Overtime Win
March 6, 2023
Many employers labor under the misconception that a highly paid employee is necessarily exempt from the overtime requirements of the Fair Labor Standards Act.
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Who Really Qualifies for the Administrative Exemption from Overtime?
January 26, 2023
Even employers with good intentions often have a misunderstanding of what it takes to legally classify employees as exempt. Unfortunately, when it comes to wage and hour violations, ignorance is not bliss. 
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Computer Start Up Time Can Be Compensable
January 4, 2023
Your company may be required to pay employees for time spent logging in or waiting for their computer systems to boot up according to a recent Ninth Circuit Court of Appeals decision.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA
November 23, 2021
The Fair Labor Standards Act mandates that non-exempt employees be paid one and one-half times their regular rate for all hours worked over forty (40) in a given workweek. However, calculating overtime pay correctly can be tricky when an employee works at two or more different rates during a single workweek.
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Even High Earning Supervisors Can Be Entitled to Overtime
September 17, 2021
 A recent decision by the Fifth Circuit Court of Appeals in Hewitt v. Helix Energy Solutions Group, Case No. 19-20023, in is causing upheaval in the energy sector by suggesting that even highly paid supervisory employees may be entitled to overtime pay on top of their six-figure compensation because they are paid a day rate rather than a weekly salary.
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California Supreme Court Holds That Meal-Period, Rest-Period, And Recovery Premiums Must Include Nondiscretionary Earnings
July 21, 2021
On July 15, 2021, the California Supreme Court held that the calculation of premium pay for noncompliant meal, rest, and recovery periods must include not only the employee’s hourly rate of pay but also all other nondiscretionary payments for work performed by the employee.
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Fluctuating Workweek Method for Paying Overtime – DOL Opines It Need Not Fluctuate Below 40 Hours Per Week
September 18, 2020
On August 31, 2020, the U.S. Department of Labor issued an opinion letter addressing whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.
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Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020
July 1, 2020
Changes to Washington State Department of Labor and Industry rules relating to overtime exemptions took effect on July 1, 2020.
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Salary Add-Ons Do Not Bar Fluctuating Workweek Overtime, U.S. DOL Rules
May 20, 2020
Bonuses, shift differentials, hazard pay, commissions and other add-ons do not preclude use of the fluctuating workweek method of computing overtime, according to a U.S. Department of Labor interpretive regulation issued May 20, 2020.
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DOL Streamlines Its Regulation Interpreting Commission Sales Exemption from Overtime
May 19, 2020
Apparently inspired by the tidying up trend, the Department of Labor threw out two sections of its interpretation concerning the commission sales exemption from overtime that no longer gave it joy.
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DOL Opinion Letter Clarifies Method for Calculating Overtime Pay for Nondiscretionary Bonus
January 31, 2020
On January 7, 2020, the U.S. Department of Labor issued its first Opinion Letter of the new year –  FLSA2020-1.
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Changes to Wage and Hour Law Took Effect January 1, 2020
January 3, 2020
As of January 1, 2020, employers need to ensure that employees classified as “exempt” from overtime requirements are being paid the required salary.
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Tweets Follow

Mar 24

Oregon: Legislature Considering Exclusion of Hiring / Retention Bonuses from Equal Pay Act https://t.co/DoPCKw7Yq4

Mar 22

NLRB General Counsel Provides Clarification on Severance Agreement Non-Disparagement and Confidentiality Provisions https://t.co/45jdN9CqXt

Mar 20

Massachusetts Commission Against Discrimination Issues Proposed Parental Leave Guidelines https://t.co/PUmaydbLI5