Judge Sullivan’s thoughtful and technical analysis confirms what may seem obvious to lay people and many practitioners: lawyers practicing law are not overtime-eligible under the FLSA. However employers must analysis their compensation obligations to all professional employees under the FLSA and state law. Of course, Plaintiff Lola’s counsel has indicated he will appeal this matter to the Second Circuit, and counsel represents at least one other attorney in a similar pending claim. Henig v. Quinn Emanuel Urquhart & Sullivan, LLP, No. 13-cv-1432 (S.D.N.Y. Dec. 11, 2013). … [Read more...] about Manhattan Federal Court Finds Contract Attorney “Practiced Law,” Exempt From Overtime
Federal labor laws exempt employees overtime
New York’s Labor Law excludes from the definition of “employee” those individuals employed “by a federal, state or municipal government or political subdivision thereof.” Therefore, if HHC were a political subdivision, New York’s Labor Law wage provisions would not apply to HHC’s employees. … [Read more...] about New York Federal Court Rules Public Hospitals Are Exempt from State Labor Laws
But there may be a silver lining for employers. If the employer sets the regular rate for an employee reclassified from exempt to non-exempt at a rate which would yield an amount similar to the former salary when regular overtime is factored in, the employer may not be economically impacted and the employee will not get a government imposed raise for doing the same work s/he had always done. … [Read more...] about Coping With the New Definition of Exempt Employees: The Proposed New Salary Test May Not Benefit Currently Salaried Employees
In an attempt to create more consistency between New Jersey law and federal law, the New Jersey Department of Labor (NJDOL) recently amended its wage and hour regulations to adopt the federal Fair Labor Standards Act’s (FLSA or Act) white collar exemptions from minimum wage and overtime requirements. What was anticipated to be a welcome change for employers has quickly become a source of frustration. The upside is that employers can now rely on one common set of rules in classifying employees for overtime purposes under both federal and New Jersey law. The downside is that the amendments have inadvertently eliminated a key exemption previously available to New Jersey employers; the commissioned salesperson exemption. … [Read more...] about Commissioned Salespersons No Longer Exempt From Overtime Under New Jersey Law?
The comment period for the proposed rule ends on September 4, 2015, and a final rule will be issued sometime thereafter, taking effect 30-90 days from issuance. This means there is a high probability that the final rule will begin to effect employers as early as 2016, so employers should update their overtime policies and revisit employee classification as soon as possible to comply with the eventual rule. … [Read more...] about Department of Labor Set to Change Overtime Exemption Regulations under the FLSA