Articles Posted in overtime

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…

Drive a truck with a gross vehicle weight rating (GVWR) under 10,000 pounds? Then you are eligible for overtime. Importantly, the GVWR refers to the weight a vehicle can carry, not the weight it is actually carrying. The court decided that GVWR was more important than the actual weight, because the actual weight can easily…

Pharmaceutical reps campaign for overtime pay because companies assign long hours and strict targets. These workers rarely close sales. Most firms only let them promote and recommend products. The Department of Labor backed overtime rights in written opinions. Yet, the industry resisted and used the outside sales exemption as a shield. Even so, the Supreme…

Massachusetts hospitals cannot force nurse overtime now. The law protects worker health. It also protects patient safety. ƈenterprise parent? not needed. The main rule applies unless an emergency happens. Nurses can still accept extra hours. But they must choose it freely. Core Rules for Shifts and Rest A nurse can work up to 16 hours…

Massachusetts employees working for a Massachusetts company receive the benefit of the Massachusetts Wage Act even if they work at the company’s facility in Connecticut. The Federal District Court focused on language in the Wage Act that refers to any “employer” in the Commonwealth, not to any “employee” in the Commonwealth. Given that the employee…

Recently, the United States Court of Appeals for the Second Circuit ruled that loan underwriters are not exempt from overtime. The judges said these workers follow strict employer guidelines. Because of that, they qualify as employees who can earn overtime pay. Why the Administrative Exemption Failed For years, many banks labeled underwriters as “administrative staff.”…

A recent federal ruling confirmed that workers on reservations are protected by overtime laws. Specifically, the court held that retail employers must follow the Fair Labor Standards Act even when the business is located on tribal reservation land. The Court of Appeals for the Ninth Circuit ruled that Baby Zack’s Smoke Shop must pay overtime…

Gordon Law Group, LLP partnered with legal aid groups to secure a major settlement against Michael Bianco, Inc.. The agreement returns unpaid wages and overtime compensation to 764 former workers. The settlement totals $850,000 and covers 764 impacted workers from a New Bedford defense-gear factory. Crucially, 764 former applicants will share back pay, medical costs,…