Category: state overtime laws

  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 Mexico, Pennsylvania, Connecticut, Montana, and New Jersey. Rulings

  According to the 9th Circuit (the federal appeals court for Alaska, Arizona, California, and Hawaii), the “80/20 rule” does apply – upholding the Labor Department regulations which state that employers may not reduce a tip-earning employee’s hourly pay below the minimum wage when that employee spends more than 20 percent of his or her

  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 workers can claim the back overtime they are owed

The Pennsylvania Department of Labor and Industry is scheduled to issue proposed regulations in March 2018 that will increase the minimum salary level required to qualify an employee as “exempt” from Pennsylvania’s labor laws on overtime pay.  It is also expected to provide clarification as to the job duties and responsibilities required for overtime pay

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 review as of December 2011 that would entitle nearly 1.8