Tag: overtime

Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers

Oregon manufacturing employers have been following the ongoing turmoil surrounding the Oregon Bureau of Labor and Industries’ (“BOLI”) recent interpretation of Oregon’s requirement that manufacturing employees receive overtime when they work more than 10 hours in a day.  In the latest turn, a Multnomah County Circuit Court judge ruled yesterday that, contrary to BOLI’s advice, … Continue Reading

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066.  The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California. California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to … Continue Reading

It’s Coming: Overtime Pay for More Workers

Coming to a store or restaurant near you soon!  Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay http://t.co/Y4yThJ1K2g — Barack Obama (@BarackObama) June 30, 2015 To be exempt from minimum wage and overtime requirements, currently a worker must perform certain duties … Continue Reading

California Overtime Rules Apply To Work Performed In California By Out-Of-State Employees

The California Supreme Court has ruled that California’s daily overtime requirements apply to work performed in California by non-residents.  In Sullivan v. Oracle Corp., three employees of Oracle who were not residents of California worked as “instructors” and trained Oracle’s customers in the use of the company’s products.  Required by Oracle to travel, the plaintiffs … Continue Reading

DOL Demonstrates Commitment to Wage and Hour Violations with Launch of New “DOL-Timesheet” App

In a highly visual public expression of its commitment to wage-and-hour violations, and to encouraging employees to file wage and hour complaints, the Department of Labor’s Wage and Hour Division entered the world of Smartphone apps when it recently launched its own “DOL-Timesheet” app for the iPad and iPhone. At first glance, the DOL-Timesheet App may … Continue Reading

DOL Secures $3.4 Million Settlement for NY Car Wash Employees

A portend of things to come in federal wage enforcment?  Yesterday, a group of New York car washes have agreed to pay over one thousand current and former employees a total of $3.4 million to settle a lawsuit filed by the Department of Labor (DOL) alleging violations of the Fair Labor Standards Act (FLSA).  Click here to read the consent decree in … Continue Reading

Reality Show Contestants Win Overtime Case; SAG Signs Contract

A French court recently awarded 11,000 euros (about $15,000) in damages to three contestants in a reality television show, finding that the contestants were entitled to overtime and other benefits.  The three plaintiffs appeared in L’Ile de la Tentation (Temptation Island), a show that follows couples  separated on a tropical island, where single people attempted to seduce … Continue Reading

Exotic Dancers Are Employees, Not Independent Contractors

Every now and then we need a reminder to illustrate  the dangers of misclassifying employees as "independent contractors."  Last week, the Montana Supreme Court provided such a reminder, ruling that exotic dancers were employees, not independent contractors.  Click here to read the opinion in Smith v. TYAD Inc. d/b/a Playground Lounge & Casino.  In Playground, the employer required … Continue Reading

Cosmetology Teachers, Not Day Care Teachers, Overtime Exempt

Cosmetology teachers, but not day care teachers, are exempt from the Fair Labor Standards Act‘s (FLSA’s) overtime and minimum wage rules, according to two recent opinion letters from the Department of Labor. The FLSA contains an exemption for professional employees, including any “teacher in elementary or secondary schools.”  Cosmetology teachers qualify for the exemption, according to the … Continue Reading

California Overtime Laws Cover Nonresidents Who Work in California

Do California wage and hour laws – including their daily and weekly overtime provisions – apply to non-residents who occasionally perform work in California?  Yes, according to a decision from the Ninth Circuit Court of Appeals earlier this month.  Click here to read the court’s decision in Sullivan v. Oracle Corp. In Sullivan, Oracle sent employees … Continue Reading

California Drywall Contractor Settles Meal Break Case for $1.4 Million

California employers beware:  the state Attorney General is enforcing meal breaks and overtime laws.  This week, an Orange County drywall contractor agreed to pay $1.4 million in damages to employees who did not receive their legally required meal breaks or who did not recieve overtime.  To read the settlement in the case, California v. Interwall Dev. Sys. Inc., click … Continue Reading

Jail Time For Washington Employer

As part of a plea agreement reached earlier this month, Jerry and James Schram, co-owners of a Vancouver, Washington construction company, will serve 30 days of jail time and perform community service.  Their crime?  Hiding information in an attempt to reduce their workers’ compensation premiums. In addition, the Schrams also pleaded guilty to misdemeanors for … Continue Reading
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