Articles Posted in overtime

Are inside salespersons who are paid 100% commission, entitled to overtime pay and Sunday Pay.  In short, yes. On May 8, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued guidance for all employees in Massachusetts who are inside salespersons and receive payment on a 100% commission basis.  In Sullivan v. Sleepy’s. LLC., 482 Mass. 227…

The DOL has made it easier for employers to avoid paying interns by abandoning their six-part test for distinguishing between interns and employees. The updated fact sheet was released today. You may view it here.

For the grammar nerds in all of us. Congrats to our colleagues, David Webbert and Jeff Young! Great work. View Article

The United States Supreme Court has agreed to consider a long standing dispute in employment law regarding who is entitled to overtime pay, and service advisors are at the center of this latest question. The statute in question allows the exemption for any “salesman, partsman, or mechanic” who engages in “selling or servicing automobiles.” This…

When most people hear the word internship, they think of an unpaid employment opportunity that offers a chance to learn the ropes of a job. In recent court cases, that general perception has been challenged as interns ban together and fight for various types of compensation. One such case involved the media group Gawker. What…

In an article entitled “Low Income Managers May Started Getting Paid for Overtime,” the Boston Globe explores the new rules from the US Department of Labor. A link to that article is included here (Boston Globe Article). Let me know your thoughts.

How do you prove you worked? Under the Fair Labor Standards Act, employers must compensate employees for any work that the employer did “suffer or permit” the employee to perform. It is a highly debatable standard that is often contested by workers who are classified as exempt employees, but seek compensation for overtime work that they…

New legislation has been proposed that would increase the minimum salary basis level that employers need to pay as part of the requirements to avoid the overtime rules. Workers classified as executive, administrative or professional employees would have their weekly minimum pay more than doubled, and the floor for highly-compensated employees will increase too, by…

Per Diem payments – payments intended to cover the daily expenses of an employee – count towards an employee’s regular rate of pay for calculating overtime according to the First Circuit. In Newman v. Advanced Technology Innovation Corp., the First Circuit found that if an employer calculates per diem on an hourly basis, then it…

Hot on the heels of his proposal to raise minimum wage for federal contractors to $10.10, President Obama is planning new overtime laws that will force businesses to pay overtime to more workers. The new regulations will make employees who are wrongly classified as “executive” or “professional” eligible for overtime. The President hopes to stop…