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  • Tuesday, May 21, 2024
    A restaurant employee works two jobs—as kitchen help earning above the minimum wage and as waitstaff earning $2.13 per hour plus tips. He works less than 40 hours per week in each job but works over 40 hours for the two jobs combined. Is he entitled to overtime pay?
    View all Overtime News.
  • Thursday, May 2, 2024
    Over the past seven years, the U.S. Department of Labor (DOL) has attempted to increase the number of exempt employees who are eligible for overtime under the Fair Labor Standards Act (FLSA). On April 23, 2024, the DOL announced a final rule regarding the salary threshold required to exempt a salaried executive, administrative, or professional employee from federal overtime pay requirements. It’s estimated that four million more American workers will be eligible for overtime under the new rule.<
    View all Overtime News.
  • Tuesday, April 30, 2024
    Employers worried about the effect of a new joint employer rule are breathing a sigh of relief after a court blocked its implementation, and now employers using independent contractors may also be feeling better.
  • Tuesday, April 16, 2024
    The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper, employers commonly fail to realize that nondiscretionary bonus payments must be included in calculating the regular pay rate and, ultimately, the amount of overtime owed. How can employers that pay nondiscretionary bonuses properly calculate the regular pay rate for overtime purposes?
  • Tuesday, April 2, 2024
    Many businesses are familiar with the reasons that drive settlements in employment lawsuits. Even in cases when the facts generally support the employer’s version of events, practical considerations, such as avoiding the time and cost of protracted litigation, often lead businesses to reach reasonable settlements with former (or even current) employees. So, the lawyers and their clients put down their proverbial swords, and they get to work on drafting a written settlement agreement. What’s often overlooked in this process, however, is the taxation of the settlement payments. Here are some key issues to consider before signing a final settlement agreement.
  • Tuesday, March 19, 2024
    Almost all employers and employees in Arizona are covered by the state’s minimum wage law. What employers sometimes fail to appreciate about this broad coverage is that, unlike many other state minimum wage laws, Arizona’s law applies to employees who are exempt from the minimum wage and/or overtime provisions of the federal Fair Labor Standards Act (FLSA).
  • Tuesday, March 12, 2024

    On January 9, 2024, the Department of Labor’s (DOL) Wage and Hour Division (WHD) issued its long-awaited regulation Employee or Independent Contractor Classification Under the Fair Labor Standards Act. The new rule will have a huge effect on the economy, particularly with respect to construction, trucking, health care, and the entire “gig economy,” which appears to be a target of the regulation.

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