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  • 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.

  • Tuesday, February 27, 2024
    The Fair Labor Standards Act (FLSA) requires an employer to pay overtime for activities that are merely incidental to employees’ core job responsibilities when the employer elects—either by contract, custom, or practice—to pay for those incidental activities. However, are those incidental activities compensable even when an employee fails to meet the requirements established by the employer’s custom or practice? The U.S. Court of Appeals for the 7th Circuit (which covers employers in Illinois, Indiana, and Wisconsin) recently addressed this question.
    View all Overtime News.
  • Tuesday, February 20, 2024
    On October 27, 2023, two individuals represented by attorney Melanie Wilson Rughani of the Oklahoma-based law firm Crowe & Dunlevy filed Initiative Petition No. 446, which proposes a dramatic increase in Oklahoma’s minimum wage over the coming years. But the petition faces a serious legal hurdle before it makes its way to the ballot
  • Wednesday, February 7, 2024
    The Biden administration recently announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors. 
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