Law and the Workplace

Tag Archives: overtime

Proposed New Federal Overtime Rule: Update

By Allan Bloom on Posted in FLSA, Wage and Hour
The Notice of Proposed Rulemaking with respect to the U.S. Department of Labor’s proposed updated overtime exemptions rule was published in the Federal Register on September 8, 2023.  The 60-day public comment period closes on November 7, 2023.  Comments can be submitted electronically here, and all submitted comments can be viewed here. Proskauer’s Wage and Hour Group is … Continue Reading

DOL Proposes Updated Overtime Exemptions Rule, Raising Minimum Salary to $55,086

By Allan Bloom and Philippe A. Lebel on Posted in FLSA, Wage and Hour
On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions.  The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published shortly as a Notice of Proposed Rulemaking in the Federal Register, at which time a public comment … Continue Reading

SCOTUS:  Daily Rate Doesn’t Satisfy FLSA’s Salary Basis Test for Exemption, Even If It’s Huge!

By Allan Bloom on Posted in Wage and Hour
It’s always exciting when the Supreme Court takes up a wage and hour issue—at least for us.  Earlier this week, in Helix Energy Solutions Group, Inc. v. Hewitt, the court tackled the question of whether a daily rate can satisfy the “salary basis” test for exemption under the Fair Labor Standards Act as an executive, … Continue Reading

New York State DOL Increases Upstate New York Minimum Wage, Proposes Hike in Upstate Minimum Salary for Exemption

By Allan Bloom on Posted in Salary basis, Wage and Hour
As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions.  The annual increases are published by the Commissioner of Labor on or about October 1 of each year, and are based on percentage increases determined by … Continue Reading

Regular Rate Update: California

By Allan Bloom on Posted in FLSA, Wage and Hour
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit examined whether certain types of employee compensation—shift differentials and holiday premiums—are includable in the “regular rate” for purposes of calculating overtime pay under California law.  You can read our blog about the decision in our California Employment Law Update here. For a crash … Continue Reading

What to Do When Your Timekeeping System Crashes

By Allan Bloom on Posted in Wage and Hour
A number of companies suffered collateral damage last winter as a result of a cyber attack on a major provider of time and attendance software.  With your timekeeping systems compromised, how do you determine what to pay your non-exempt employees, particularly with a payroll processing deadline looming? The Governing Principles To properly pay overtime-eligible employees, … Continue Reading

Do We Have to Pay for That?  Part 2—Travel and Commute Time (in a Post-Pandemic World)

By Allan Bloom on Posted in FLSA, Wage and Hour
In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well.  Also, … Continue Reading

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities (Updated Jan. 13, 2022)

By Allan Bloom on Posted in Class/Collective Action, FLSA, Wage and Hour
In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well.  Also, … Continue Reading

Pennsylvania Employers Must Pay for Time Spent in Security Screenings

By Allan Bloom and Eric Novak on Posted in Class/Collective Action, FLSA, Wage and Hour
On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory security screening on an employer’s premises is compensable “hours worked” under Pennsylvania law.  The decision from the Commonwealth’s high court, … Continue Reading

DOL and Liquidated Damages: The Breakup Only Lasted 9 Months

By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims.  In Field Assistance Bulletin No. 2021-2, issued by the Wage and Hour Division’s Principal Deputy Administrator, Jessica Looman, the agency announced that … Continue Reading

DOL Ends PAID Program

By Allan Bloom on Posted in Biden Administration Coverage, FLSA, Wage and Hour
On January 29, the U.S. Department of Labor announced that it was discontinuing the Payroll Audit Independent Determination (“PAID”) program, effective immediately.  Under the program, which began in 2018, employers could self-report wage and hour violations to the DOL with the promise that the agency would supervise a settlement of the violations without seeking liquidated … Continue Reading

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

By Allan Bloom on Posted in FLSA, Wage and Hour
The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six. In FLSA2021-1, WHD determined that account managers at a life sciences manufacturer qualify for the FLSA’s administrative exemption.  The account … Continue Reading

Trump DOL Issues Two More “Lame Duck” Opinion Letters, on Home-to-Office Travel Time and Live-In Caregivers

By Allan Bloom on Posted in FLSA, Wage and Hour
On December 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters—one on home-to-office travel time and one on live-in caregivers.  Such “lame duck” opinion letters—issued post-Election Day when there is a change in both administration and political party—were at one point in recent memory quite uncommon.  The Carter … Continue Reading

DOL’s New Opinion Letters Examine Rules on Voluntary Training Time, Travel Time

By Allan Bloom on Posted in FLSA, Wage and Hour
On November 3, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued new opinion letters addressing the compensability of time spent by employees attending voluntary training programs and in work-related travel. The rules at issue only apply to non-exempt (e.g., overtime-eligible) employees.  If the time is considered “hours worked” under the FLSA, … Continue Reading

DOL Reiterates That Hours Need Not Fluctuate Above and Below 40 in Fluctuating Workweek Method of Pay

By Allan Bloom on Posted in FLSA, Wage and Hour
SchedulingIn an opinion letter issued on August 31, 2020, the U.S. Department of Labor restated its position that an employee’s hours need not fluctuate above and below 40 hours to qualify for the fluctuating workweek (“FWW”) method of calculating overtime pay in 29 C.F.R. § 778.114. Under the FWW method of pay, an overtime-eligible employee … Continue Reading

DOL Guidance Reminds Employers of Obligations to Track and Pay For Remote Work

By Allan Bloom on Posted in FLSA, Wage and Hour
On August 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track and pay for the hours of compensable work performed by employees who are working remotely.  While timely in light of the … Continue Reading

DOL To Refrain From Seeking Liquidated Damages in Most Pre-Litigation Settlements

By Allan Bloom and Samantha Shear on Posted in FLSA, Wage and Hour
SchedulingEffective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations.  The change in policy, announced in Field Assistance Bulletin 2020-2, is significant, as liquidated damages can equal 100% of the back pay deemed to be owing, potentially resulting in “double … Continue Reading

Pennsylvania Supreme Court: Fluctuating Workweek Method of Overtime Pay is Unlawful

By Abigail Rosenblum and Allan Bloom on Posted in FLSA, Wage and Hour
On November 20, 2019, the Pennsylvania Supreme Court ruled that the fluctuating workweek (“FWW”) method of calculating overtime pay owed to salaried workers is prohibited by state law. Chevalier v. General Nutrition Centers Inc., Pennsylvania Supreme Court, No. 22-WAP-2018. Under the FWW method of pay, an overtime-eligible employee receives a fixed salary for all hours … Continue Reading

Fewer Than 100 Days Until the New Overtime Rule Takes Effect: Is Your Company Ready?

By Allan Bloom on Posted in FLSA, Wage and Hour
On January 1, 2020, the new federal overtime rule takes effect.  Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will be required to pay most executive, administrative, and professional employees at least $684 per week ($35,568 per year).  Are you ready for … Continue Reading
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