Mandatory Overtime Laws
Don’t be a Victim of Overtime Violation…Know the Law The Fair Labor Standards Act is the overtime and minimum wage law that regulates how employees must be paid.  Under the FLSA, non-exempt employees must be paid at least minimum wage for all hours worked and...
Tipped Workers Should Get Full Minimum Wage for Non-Tipped Worked…But Trump’s Department of Labor Disagrees
    According to the 9th Circuit (the federal appeals court for Alaska, Arizona, California, and Hawaii), the “80/20 rule” does apply.  This ruling upheld prior regulations from the Labor Department which stated that employers may not reduce a tip-earning employee’s hourly pay below the...
Salary Plus Half Time for Overtime (aka Fluctuating Workweek or Chinese Overtime) is Not Allowed in 7 States
While the labor laws on overtime pay at the federal level (and for most states) permit non-exempt salaried workers’ overtime pay to be calculated using the fluctuating-workweek method (aka Chinese Overtime), there are currently 7 states that prohibit or limit such pay schemes: Alaska, California,...
NEW RULE: Calculating Overtime for California Employees Who Get Flat Rate Bonus Payments
The California Supreme Court recently released an opinion that will result in workers receiving more overtime pay in pay periods in which they work overtime and receive a flat sum bonus.  This is a very favorable ruling for workers and it applies retroactively – meaning...
States with Overtime Pay for Home Health Workers
Good news about overtime may be on the horizon for home health workers in the United States. Currently, the Fair Labor Standards Act's "companionship exemption" excludes overtime for home health workers, but several states provide overtime provisions, regardless. Additionally, a labor law change is under...
California Exempt Employees
What is a California Exempt Employee? California exempt employees are workers who meet California’s strict requirements for exempt employees, which means that they are not eligible for overtime pay under either the Federal Fair Labor Standards Act (FLSA) or under California legislation. Because California’s labor...
California Labor Law Breaks
According to California labor law, breaks for meals and breaks for rest are a necessary requirement in the workplace. Surpassing the Fair Labor Standards Act, California labor laws are rightfully considered to be among the toughest in the Nation. The majority of occupations are entitled...
California Law for Overtime
California law for overtime is evidence that one of the best places in the country to work is the State of California which places a high premium on the protection of their citizens in the workplace.  Minimum wage earners who most often live from paycheck to...
Overtime Lawsuit
A Change in your Job Duties May Change your Overtime Exemption Status An overtime lawsuit is often a class action suit in which a group of employees sue their employer for violations of federal and state overtime laws.  These kinds of lawsuits regarding overtime are...
New York Labor Laws
New York labor laws protect New York employees and are regulated by the Department of Labor. Any violation of the provisions of the NY labor law is considered a misdemeanor and is punishable by fine, imprisonment or both. Civil penalties will be enforced for each violation...
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