Business development managers, whose job was to convince corporate customers to purchase General Motors vehicles for their corporate fleets, qualified for the administrative exemption from the overtime provisions of the Fair Labor Standards Act (FLSA), the Eleventh Circuit Court of
Wage & Hour Law Update
The Wage & Hour Law Update blog, published by Jackson Lewis P.C., focuses on developments and compliance issues related to wage and hour regulations affecting employers and employees. It covers topics such as minimum wage laws, wage theft ordinances, independent contractor classifications, federal contractor wage mandates, and regulations impacting subminimum wages for workers with disabilities. The blog also addresses employer obligations under state and federal laws, litigation trends, and regulatory changes that influence workplace wage policies. It serves as a resource for legal professionals and HR practitioners seeking updates on wage and hour law enforcement, legislative changes, and related litigation.
Latest from Wage & Hour Law Update - Page 6
Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure
On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47 incorporates the FLSA’s…
Washington Revises Its Pay Transparency Law to Require Proactive Salary Disclosure
On March 30, 2022, Governor Jay Inslee signed Senate Bill (SB) 5761, updating Washington’s existing pay transparency law. Previously, after an employer made an initial job offer to an external applicant, the employer was required to provide the minimum wage…
Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees
Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a “tipped employee” – one…
Biden’s Wage and Hour Division Head Nominee Fails In Senate
Earlier this year, the absence of Senator Rand Paul (R-Ky.) from a meeting of the Health, Education, Labor and Pensions Committee enabled David Weil, President Biden’s nominee to head the Wage and Hour Division (WHD) of the Department of Labor…
West Virginia Enacts Changes to Payroll Card Method of Wage Payment
During its latest legislative session, West Virginia passed Senate Bill 245, thereby enacting several changes to its wage payment provisions using payroll cards. These changes become effective on June 9, 2022, 90 days after passage of the Bill.
While payroll…
Oregon Revises Overtime Laws for Bakers and Farmworkers
Recently the Oregon legislature passed, and Governor Kate Brown signed, Senate Bill (SB) 1513, revising the Beaver State’s overtime rules for bakers. In addition, the legislature passed House Bill (HB) 4002, revamping the overtime entitlements for farmworkers. That bill is…
Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court of Appeals for the Eleventh Circuit…
Preliminary Motion Seeking to Invalidate DOL’s Dual Jobs Final Rule Fails
Recently we reported on the efforts of the Restaurant Law Center (RLC), an independent public policy organization affiliated with the National Restaurant Association, to invalidate the Dual Jobs Final Rule published by the Department of Labor (DOL). To that end,…
Virginia’s Republican Lawmakers Seek to Reverse State’s Overtime Wage Act
In March 2021, then-Governor Ralph Northam (D), backed by a full Democratic majority in the General Assembly (Virginia’s legislative body), signed the Virginia Overtime Wage Act, greatly expanding the State’s overtime requirements effective July 1, 2021. Prior to the Act,…