On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being entitled to time and one half pay when they work more than 40 hours in a workweek. … Continue Reading
On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, therefore, entitled to overtime pay for hours worked over 40 in a work week. … Continue Reading
On February 6, 2023, Governor Phil Murphy signed into law a controversial bill that will provide sweeping new protections and an expansion of rights for temporary workers in New Jersey, dubbed the “Temporary Workers’ Bill of Rights” (A1474/S511). This new law, which represents a significant victory for temporary workers in the Garden State, seeks to increase government oversight of temporary staffing agencies, advance pay equity between temporary workers and regular employees, and preclude retaliatory conduct against temporary workers. … Continue Reading
Earlier this week, New Jersey state senators tabled the vote on Bill S511, landmark legislation dubbed the NJ temporary worker “Bill of Rights.” Governor Phil Murphy conditionally vetoed the proposed legislation last month, and advocates expected the bill to pass following the state Assembly’s approval of Gov. Murphy’s revisions. But ultimately, state senators pulled the bill due to insufficient support to pass the revised version, leaving employers with the current state of flexibility to work with temporary agencies to fill gaps in their workforce.… Continue Reading
Several wage and overtime changes will affect Pennsylvania employers starting August 5, 2022. Some updates bring Pennsylvania’s wage and overtime regulations more in line with the Federal Fair Labor Standards Act (FLSA), while others expand the distance between the two.
Employers utilizing tipped employees or a fluctuating workweek method to calculate overtime rates should pay special attention to these updates, explained here, and adjust their policies accordingly.… Continue Reading
In October 2020, Pennsylvania regulations took effect that increased the salary threshold for exempt employees to the federal level, and would have increased the threshold above the federal minimum beginning in October 2021.
On March 3, 2021, U.S. District Judge William Alsup of the Northern District of California said he would partially rule in favor of a class of California retail industry workers against Apple, finding those workers were entitled to be paid for time they spent undergoing bag security checks when exiting Apple’s premises. … Continue Reading
The DOL abruptly ended the Payroll Audit Independent Determination (PAID) program on January 29, 2021. The program, which was adopted during the Trump administration, allowed employers to self-report FLSA violations before a complaint, pay back pay and avoid liquidated damages, penalties or fines. Employees were prohibited from bringing private actions to recover additional damages for these violations. … Continue Reading
The DOL issued an opinion letter on January 19, 2021, finding a wider group of journalists and media personnel qualify for the creative professional exemption under the FLSA. Traditionally, the DOL and courts found that exemptions under the FLSA should be narrowly construed. In 2018, the United States Supreme Court upended that standard, finding that exemptions should be given a “fair reading.” … Continue Reading