Salary Basis

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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Last Friday, the Fourth Circuit issued an unpublished per curiam decision in Kulish v. Rite Aid Corporation and Eckerd Corporation [here], which affirmed a decision by the District of Maryland [here] that took a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

SDNYBy Robert S. Whitman and Howard M. Wexler

If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40.  Right?

Wrong, according to a welcome decision (here) from Judge J. Paul Oetken of the Southern District of New York.   The decision confirms what…
Continue Reading Half-Time: Not Just for Football Bathroom Breaks Anymore

Please join us on Thursday, March 14 at 10:00 AM ET as we liveblog the Senate HELP Committee’s hearing on “Keeping up with a Changing Economy: Indexing the Minimum Wage.” Seyfarth’s Alexander Passantino, former Acting Administrator and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division, will give real-time analysis of the hearing and take questions…

Continue Reading Seyfarth to Liveblog Senate HELP Committee Hearing on Minimum Wage

Co-authored by Rob Whitman & Carlos Lopez

On September 7, 2012, Governor Cuomo signed an amendment to the New York Labor Law that loosens restrictions on employers’ ability to make authorized deductions from employees’ wages.  We reported on the amendments, the most significant of which allow employers to recoup pay advances and inadvertent overpayments, back on June 27 [include link]…

Continue Reading Update to “Thanks Albany”: Labor Law Amendment Expands Permissible Deductions From Employees’ Wages