Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”). If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors.
The proposed new test would…
Last week, the Pennsylvania Supreme Court issued a decision that has broad implications for Pennsylvania employers. The Court’s decision in In Re: Amazon.com, Inc., which can be read here, established two important differences between Pennsylvania’s overtime law and the federal Fair Labor Standards Act (FLSA). These differences are likely to create significant potential…
We do not often have good news to report for Pennsylvania employers in this blog. The complexities associated with the employment laws, and the costs of non-compliance, continue to increase for employers seemingly with each passing year. Today is one of those rare days when we bring good news.
Late last week, the Republican-controlled Pennsylvania…
This post was authored by Frank Lavery, II, a Law Clerk with McNees. Frank is currently a student at the University of Notre Dame Law School and expects to earn his J.D. in May of 2022.
On June 21, 2021, the United States Supreme Court issued its opinion on the hotly contested issue of compensation…
The U.S. Department of Labor (“DOL”) announced the issuance of a Final Rule to clarify the distinction between an employee and an independent contractor under the Fair Labor Standards Act (“FLSA”).
A worker’s classification under the FLSA determines their entitlement to minimum wage and overtime pay, and determines whether an employer is obligated to maintain…
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…
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…
For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums. In other words, if an employee earns a base rate of $10/hour and also earns a non-discretionary weekly productivity bonus in the amount of $50 during…
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…
