No serial comma means employees have OT case

In court, there are no ifs, ands or buts about it: Punctuation matters.

Action on employment law shifting to states

Just because Republicans have their hands on all the levers of political power in Washington doesn’t mean they will be able to advance a cohesive agenda.

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

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

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

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

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

Beware triple whammy after FLSA retaliation

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

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

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

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

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

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.

Overtime changes still on hold; likely shelved by Trump's DOL

The controversial changes to U.S. overtime law—on hold since a Texas court’s Nov. 22 preliminary injunction—are still frozen in the courts.

With new rules on hold, a refresher on white-collar overtime

With the new overtime rules most likely dead for the foreseeable future, let’s review the overtime rules that remain in effect, as they have been since 2004.

Trend watch: Could contractors get benefits?

The state of New York may be about to consider legislation that would create a system of “portable” benefits that would give independent contractors some of the advantages employees have.
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