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Showing posts for: Wage and Hour

Mar 02 2023
Employee ClassificationsWage and Hour

Evaluate classifications for employees paid a daily rate

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 and…

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Feb 16 2023
Wage and Hour

DOL releases guidance on rest breaks and meal periods

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 the Fair Labor Standards Act…

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Feb 02 2023
Employee ClassificationsOregonWage and Hour

Minimum salary for noncompete agreements rises in 2023

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 salary for separated workers…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Using rounding in timekeeping may violate state law

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 regulations in…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Evaluate administrative exemption from overtime carefully

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 risk to…

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Jan 05 2023
DisabilityHarassment & DiscriminationWage and Hour

Federal law expands rights for workers who are pregnant or nursing

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 bill, “Consolidated Appropriations Act, 2023.”…

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Jan 05 2023
OregonWage and Hour

OREGON: No pay due for security screening time

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 previously reported, in…

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Dec 15 2022
Employee BenefitsEmployee ClassificationsHiring

WASHINGTON: L&I policy addresses job posting requirements

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 Policy provides informal guidance…

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Dec 01 2022
Affirmative ActionHarassment & DiscriminationHiring

OFCCP kicks off 2023 fiscal year with settlements

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 conciliation agreement with…

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Nov 17 2022
Drug and AlcoholHarassment & DiscriminationSafety and Health

Follow these HR tips for holding holiday parties

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 they don’t…

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Nov 17 2022
Leave LawsWage and HourWashington

WASHINGTON: PFML rates to rise in 2023

As of January 1, 2023, the premiums will increase for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate will be 0.8 percent (up from 0.6 percent) of each employee’s gross wages (not including tips), up to a maximum of $160,200 (the 2023 Social Security cap). The split between employers and employees for…

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Nov 03 2022
Wage and Hour

Time spent booting up computer compensable under FLSA

The U.S. Ninth Circuit Court of Appeals recently ruled that hourly call center employees were entitled to be paid for time spent booting up their computers at the beginning of their shifts. The employees worked in person at a call center for an appliance recycling company. Their principal duties were to answer customer phone calls…

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