By: Kyle Winnick & Andrew McKinley
Seyfarth Synopsis: On Monday, the Supreme Court agreed to hear a case addressing whether an employee paid on a day rate and earning over $200,000 a year is entitled to overtime under the FLSA
The U.S. Supreme Court has agreed to hear Helix Energy Solutions Group, Inc. v. Hewitt, a case addressing whether
Continue Reading Supreme Court Agrees to Hear Case Concerning Whether a Highly Paid Supervisor’s Daily Rate is a Salary Under the FLSA
By Andrew Scroggins and Kerry Friedrichs
Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour laws.
As coronavirus continues to spread around the globe, its economic effects have grown more far-reaching. Some companies are confronting
Continue Reading If Your Remedy For Workplace Coronavirus Issues Affects Pay, Don’t Compound The Harm With A Wage Law Violation
By: Kyle Petersen and Ariel Fenster
Seyfarth Synopsis: A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the “FWW”): (1) Do isolated pay deductions undermine the fixed salary requirement; (2) Must the employee’s hours fluctuate above and below 40 hours; and
Continue Reading Fixed Salaries, Fluctuating Hours, and Beyond: A Federal Court Addresses Common Questions About the Fluctuating Work Week Method of Compensation
Co-authored by Kyle A. Petersen and Molly C. Mooney
Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now — with a short-term spending bill that would keep the lights on for another
Continue Reading Budget Blues: Planning for a Possible Government Shutdown
Authored by Alex Passantino
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.
In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and waited.
And just as
Continue Reading I’m Dreaming of a White Collar: 2015 Year in Review
Authored by Alex Passantino
As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities. The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.
EXEMPT EMPLOYEES
Most employees who are exempt from federal overtime requirements and paid
Continue Reading Juno How to Pay When Your Facilities Close for Weather-Related Reasons?
Authored by Alex Passantino
As we expected when we reported on this yesterday, President Obama today signed a Presidential memorandum directing the Secretary of Labor to “restore the common sense principles” related to overtime. In his remarks, President Obama focused on his belief that overtime protections have “eroded,” that “if you work more, you should be paid more,” and that
Continue Reading President Directs Secretary of Labor to Begin the Regulatory Process
Authored by Alex Passantino
Today, the New York Times reported that the Obama Administration intends to propose comprehensive changes to the Fair Labor Standards Act’s most significant exemptions — the exemptions for executive, administrative, and professional employees.
Although the details are still fuzzy, it appears — as we suggested last week — that the Administration will seek to raise the
Continue Reading Exempt No More? DOL to Propose Sweeping Changes to White Collar Exemptions
Co-authored by Meredith Bailey and Alex Passantino
Early this morning, President Obama signed legislation ending the sixteen-day federal government shutdown and returning hundreds of thousands of federal employees back to work. The end of the shutdown also prompts the welcome return of many private sector employees by employers ready to resume operations. Employers are reminded that special considerations may accompany
Continue Reading Back to “Basis”: Beware the FLSA’s “Salary Basis” Requirement For Returning Exempt Employees
Authored by Ed Bergmann
Last Friday, the Fourth Circuit issued an unpublished per curiam decision in Kulish v. Rite Aid Corporation and Eckerd Corporation [here], which affirmed a decision by the District of Maryland [here] that took a practical approach to the “salary basis” requirement for white-collar exempt employees. The FLSA’s salary basis regulations require most
Continue Reading No Salary-Basis Side Effects for Rite Aid’s Time-Off Prescription