Library Search
-
Legal Considerations When Accepting a Draw ( December 2006 )
Sales representatives and principles sometimes enter into relationships in which the principle recognizes that for whatever reason, the future sales by a sales representative may be sporadic or unpredictable. In order to alleviate the cash flow concerns sales representatives encounter, the principle agrees to pay a set bi-weekly or monthly stream of income, otherwise known as a draw. There are several critical legal issues of which salespersons should be aware when accepting a draw. It may or may not be a friendly arrangement. -
Take Action to Avoid OT Lawsuits ( February 2006 )
In the 2004 calendar year, 743 collective lawsuits – that is, lawsuits brought on behalf of more than one plaintiff – were filed in federal district courts alleging violations of the Fair Labor Standards Act (FLSA). This number is up from just 79 such lawsuits in 2000. -
Timekeeping and Exempt Employees ( June 2005 )
Recently, the Department of Labor (DOL) issued an opinion letter clarifying confusion about timekeeping and exempt employees. The opinion is supported by the preamble to the new DOL regulations 29, C.F.R. 541. -
Wisconsin Department of Workforce Development, Equal Rights Division Increases Minimum Wage Effective June 1st ( August 2005 )
Recognizing that the federal minimum wage has fallen to its lowest inflation-adjusted value of all time, and commenting that wages are "so low that workers and their families can't afford their most basic needs," the Wisconsin Department of Workforce Development, Equal Rights Division ("ERD") amended its labor standards rules to make significant changes to the state minimum wage requirements, including an increase to minimum wages. -
Those on the front lines of the battles over who is or is not an exempt administrative employee under the Fair Labor Standards Act (FLSA) or various state wage and hour laws are well aware of the deluge of cases in the past five years – many of them collective and class actions – about whether claims adjusters at insurance and other companies are exempt from overtime requirements of federal or state law.
-
New Jersey Raises Minimum Wage ( May 2005 )
On April 12, 2005, Acting Governor Richard J. Codey signed a bill into law which will increase New Jersey's minimum hourly wage to $7.15 over the next two years, $2.00 higher than the current federally-mandated $5.15 minimum hourly wage. The New Jersey minimum wage will increase to $6.15 per hour on October 1, 2005, and then to $7.15, effective October 1, 2006. -
Paid Time Off for Partial Day Absences and Maintaining "Exempt" Employee Status ( February 2005 )
On January 7, 2005, the U.S Department of Labor (DOL) issued an Opinion Letter confirming that employers may deduct less than a full day from a salaried, overtime- exempt white-collar employee's PTO bank for absences due to personal reasons, accident, or illness, without causing the loss of the exempt status of the employee. This opinion letter confirms what had been the DOL's position under the previous regulations regarding the white-collar exemptions for executive, administrative and professional employees and resolves what had become an issue under the new regulations. -
New Overtime Rules Are Now The Law ( February 2005 )
After much delay and controversy, the Department of Labor's new overtime regulations became the law on August 23, 2004. Under what have been dubbed the new Fair Pay rules, workers earning less than $23,660 per year, or $455 per week, are now guaranteed overtime protection. This is a substantial change from the earlier cutoff of only $7,960 per year. -
Compliance Update: Status of Federal and Wisconsin Overtime Rules ( October 2004 )
On August 23, 2004, the Department of Labor's revisions to the regulations defining which employees are exempt from overtime pay under the FLSA went into effect. The most significant changes include an increase in the amount of minimum weekly salary that an employee must receive to be classified as exempt to $455 per week, a revision that makes it more difficult to classify employees as exempt. -
Revised FLSA Regulations, Effective August 23, 2004, Set New Standards For Overtime Compensation ( August 2004 )
The United States Department of Labor's long-anticipated, much debated revised regulations under the Fair Labor Standards Act ("FLSA") finally have been issued, and will take effect on <u>August 23, 2004</u>. The most notable change in the new regulations is a guarantee of overtime eligibility to all employees earning less than $23,660 per year, or $455 per week. Employees earning less than this amount will be "nonexempt" (i.e., subject to the overtime requirement), regardless of their duties.
Ads by FindLaw