FAQ

Compliance with the federal Fair Labor Standards Act (FLSA) is critical, but it sometimes causes employers to forget their obligations under state laws concerning overtime and other wage rules. Often, state regulations are stricter and more favorable to employees compared to their federal counterparts. The...

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Illinois has adopted some of the most generous laws regarding employees’ wages and labor rights. As with many municipalities across the country, Chicago has enacted even stronger ordinances in these areas. Recent changes affecting employees’ days off from work, meal breaks, and other important protections...

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With the new year well underway, several states have enacted legislation that will raise the minimum wage either in January or later in 2023. Workers in over two dozen states, plus the District of Columbia, will see their paychecks increase. If you live in one...

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Update:  Governor Wolf agreed to repeal the regulations mentioned below that increased the minimum salary required for the Executive, Administrative, and Professional overtime exemptions.  This provision will go effect on September 7, 2021 and repeals all of the PA regulations for these exemptions.   The likely...

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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...

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    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...

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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,...

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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...

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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...

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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...

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