In what seems like an eternity ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary requirement for the white-collar overtime exemptions under this law.
After many twists and turns, these regulations were published in their…
Accurately tracking hours worked by non-exempt employees for purposes of overtime pay has always been an area of potential risk for employers. The issue is thorny one because of how the federal Fair Labor Standards Act (FLSA) defines what constitutes compensable hours worked for minimum wage and overtime pay purposes. The risk is magnified significantly…
Employers who have had to implement mass layoffs and facility closures in response to the ongoing COVID-19 pandemic must ensure that they comply with the requirements of the federal Worker Adjustment and Retraining Notification Act (WARN Act). A failure to comply can result in significant potential liability in the form of class-based litigation.
The U.S.…
Major developments in the area of wage and hour law are happening right now in Harrisburg and happening quickly. These developments may have a significant impact on Pennsylvania employers in 2020 and beyond.
On November 20, the Pennsylvania Senate passed Senate Bill 79 by a vote of 42-7. This bill would make substantial amendments…
More than a year ago, in June 2018, the Pennsylvania Department of Labor and Industry (DLI) proposed new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would increase significantly the minimum salary requirement for the white-collar overtime exemptions under this law.
The PMWA is the state-law equivalent of the federal Fair Labor Standards…
On September 24, the U.S. Department of Labor released its final rule changing the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemption regulations. As you may recall, the DOL issued a proposed rule in March 2019 that included increases to the minimum salary requirements and invited public comments. This process came…
The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. Properly classified independent contractors cannot have viable claims under the discrimination laws, wage and hour laws, leave laws, workers’ compensation laws, etc., because they are not covered by…
On March 7, the Department of Labor released its Notice of Proposed Rulemaking seeking public comment on proposed changes to the minimum salary requirements in the Fair Labor Standards Act’s “white-collar” overtime exemption regulations. If that sounds familiar, the DOL went through this same process back in 2015, only to have that new rule blocked…
As we have been following on this blog, Governor Wolf announced in January 2018 that the Pennsylvania Department of Labor and Industry (DLI) would propose new regulations under the Pennsylvania Minimum Wage Act (PMWA) that would modify the PMWA’s overtime and minimum wage exemption requirements for executive, administrative, and professional salaried employees. DLI submitted…
We have been tracking the status of the proposed changes to the white-collar overtime exemptions in the Pennsylvania Minimum Wage Act (PMWA) regulations. In January 2018, Governor Wolf announced that the Pennsylvania Department of Labor and Industry (DLI) would be proposing new regulations to amend the PMWA regulations that govern its overtime and minimum…
