Tag: compensation compliance

February 6, 2023

An employee is not subject to California’s outside salesperson exemption where the employer controls the employee’s hours and working conditions, even if they work at a fixed site not owned or leased by the employer, a California appeals court recently […]

September 27, 2022

Tragic events bring an all-too timely reminder of pay and benefits issues that HR managers should bear in mind. Although it is practically impossible to be fully prepared for any disaster, it is important for employers to be aware of […]

September 2, 2022

The U.S. Securities and Exchange Commission (SEC) has issued a long-awaited final rule that significantly expands executive pay disclosures by publicly traded U.S. companies. The new disclosures, which will provide detailed information about the performance metrics companies use to determine […]

July 8, 2022

Employees hired as business development managers to persuade corporate customers to purchase General Motors (GM) vehicles are exempt and not entitled to overtime, according to the 11th U.S. Circuit Court of Appeals. GM developed a program to use business development […]

June 22, 2022

On June 10, Illinois Gov. J. B. Pritzker signed House Bill 5412 and its trailer bill, House Bill 4600, into law. Both bills amend the Illinois Wage Payment and Collection Act (WPCA) to make certain primary contractors liable for any […]

June 2, 2022

For many years, an oft-litigated question concerned whether a former employee was owed the commissions on sales made prior to the employee’s discharge from employment. Sometimes employment agreements were clear on the issue, such as by providing unambiguously that commissions […]

March 30, 2022

An emergency medical services (EMS) employee could proceed with a class action against Cleveland County, N.C., for failing to pay full straight time along with overtime pay under the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of […]

February 4, 2022

Pay equity, or the desire to achieve it, has been a hot topic for employers in the U.S. over the past several years. Due to a recent increase in legislation in many states and local jurisdictions, pay equity no longer […]

January 25, 2022

An employee who brought claims under the California Private Attorneys General Act (PAGA) adequately notified the Labor and Workforce Development Agency (LWDA) and her former employer about ongoing violations of wage and hour laws that affected multiple workers, a California […]

January 7, 2022

The beginning of the year is a good time for employers to audit their pay practices for compliance with federal, state and local wage and hour laws. This year, employers should pay particular attention to minimum wage changes, higher salary […]

November 22, 2021

The FLSA overtime rule determines whether employees are eligible or exempt for overtime pay. Exempt employees, because of their rate of pay and type of work that they do, are not eligible for overtime pay for hours worked over 40 […]

November 1, 2021

Historically, employment practices liability insurance (EPLI) hasn’t covered Fair Labor Standards Act (FLSA) and similar state law claims, so employers shouldn’t mistakenly assume they’ll be reimbursed by EPLI for their wage and hour claims. Nonetheless, employers may be able to […]

October 5, 2021

An employer produced no records showing the hours a former employee worked or the compensation he received. So a trial court correctly used the employee’s records in a lawsuit for unpaid overtime, even though the evidence was imprecise and the […]

September 29, 2021

An employer may require a nonexempt, hourly employee to take an unpaid meal period while engaged in travel time, so long as certain conditions are met, according to the 5th U.S. Circuit Court of Appeals. The meal period is not […]

April 20, 2021

The coronavirus pandemic forced many employers to make rapid changes to their operations as many employees made the switch overnight from onsite to remote work. California’s strict wage and hour rules for nonexempt employees caused compliance challenges and prompted proposed […]

March 19, 2021

As COVID-19 vaccines become available, employers may be managing more employee requests to take time off to get vaccinated. Employers may need to pay employees for time off to receive vaccines—particularly if they mandate inoculation. State and local sick-leave laws, […]

March 11, 2021

California employers are prohibited from rounding time-clock punches for employee meal periods, according to a recent ruling by the state’s high court. Employees in the Golden State generally must receive a 30-minute unpaid meal break for every five hours they […]

February 15, 2019

Updating the Higher Education Act to reflect current labor market needs and supporting work-based skills training are two of the top priorities for workforce development policy in 2019. The National Skills Coalition (NSC), a Washington, D.C.-based public-policy research and advocacy […]

January 4, 2019

California’s prevailing wage law requires that all workers employed on “public works”—generally, construction projects—be paid at least as much as is generally paid for the performance of similar work in the same geographic area. A California appellate court has ruled […]

October 23, 2018

An amendment to the Illinois Wage Payment and Collection Act (IWPCA) imposing an affirmative duty on employers to reimburse employees for certain expenses incurred during their employment will go into effect on Jan. 1, 2019. Previous Law Prior to the […]