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In addition to considerations under federal law, employers with employees in California should consider additional wage and hour issues that are unique to California. The Labor Commissioner’s Office has issued an FAQ to provide guidance on issues related to COVID-19.

If an exempt salaried employee performs any work during the week, that employee should be paid their salaried wage for the entire week. An employer’s obligations for non-exempt employees, however, are more specific. While generally, employers are not required to pay non-exempt employees for hours not worked, there are certain circumstances under California law when employers may have to pay non-exempt employees even for time not worked.Continue Reading California wage and hour considerations during the coronavirus outbreak

In New York, a large number of wage and hour requirements are statutorily codified in the Labor Law. Many others requirements, however, are set forth in regulations known as wage orders, which are issued and updated from time-to-time by the New York State Department of Labor (NYSDOL).  The NYSDOL publishes wage orders covering the hospitality, building service, nonprofit, agricultural, and miscellaneous (i.e., all other) industries.  Adherence to the statutory Labor Law, but not to the wage orders, can have disastrous consequences.

To that end, on the morning of December 28, 2016, the NYSDOL finalized amendments to each of the wage orders that will have a tremendous impact on how New York employers pay their workers. The finalized wage orders, which are unchanged from the proposed orders published by the NYSDOL in mid-October, take effect in just three days, on December 31.
Continue Reading NY Dept of Labor Finalizes Major Changes to Wage Regulations

On June 18, 2012, the U.S. Supreme Court resolved a split among the U.S. Circuit Courts of Appeals, holding that pharmaceutical sales representatives are exempt outside sales employees under the Fair Labor Standards Act (“FLSA”). Thus, such employees are not entitled to overtime protection.Continue Reading Close Counts in Horseshoes, Hand Grenades and Sales: Supreme Court Holds Pharmaceutical Representatives Exempt Under FLSA

This post was also written by Robert M. Jaworski.

The United States Department of Labor (“DOL”), Wage and Hour Division, recently published an Administrator’s Interpretation that takes the position that mortgage loan officers with certain “typical” job duties are not subject to the administrative employee exemption of the Fair Labor Standards Act. The DOL…