In a recent decision from the U.S. Supreme Court, an employee who was paid on a daily rate basis and earned more than $200,000 annually was found to be nonexempt and therefore eligible to recover overtime under the federal Fair Labor Standards Act (FLSA). The employee was a “tool-pusher” on an offshore oil rig…
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The U.S. Department of Labor (DOL) recently released a Field Assistance Bulletin No. 2023-1 providing guidance on wage and hour topics related to employees who engage in telework, although the principles apply equally to onsite employees. It explains how you should ensure that workers who telework are paid properly under…
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Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their contracts remain legally enforceable at the time of separation from employment. Oregon: For valid noncompete agreements signed on or after January 1, 2022, the minimum gross…
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Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the…
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Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the…
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On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending…
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The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for time spent in mandatory security screenings at the end of their shifts because the screening activity wasn’t integral and indispensable to their principal work activities. As we…
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The Washington Department of Labor and Industries (L&I) recently released a new Administrative Policy (ES.E.1) that provides guidance on new job posting requirements. As we previously reported, employers with 15 or more employees must include specific information on wages and benefits in all job postings beginning January 1, 2023. The Administrative…
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The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a…
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With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so…
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