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New court ruling shakes up overtime threshold—again

by Tammy Binford

A ruling from a federal district court in Texas has once again changed the criteria for determining which employees should be eligible for overtime pay.

Pre-July 1 threshold back in force

Nov 19, 2024 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington
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Analysis

November 2024 Iowa Q&A roundup

Q Can employers that don’t have to comply with the Family and Medical Leave Act (FMLA) have to continue health insurance coverage for employees when they’re on workers' compensation leave? Must they give employees the...

Nov 01, 2024 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Are absences related to fertility treatments covered by the FMLA? ‘It depends’

Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Like so many questions related to the FMLA, the...

Nov 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

5th Circuit says no way, no how to off-the-clock work

The U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) recently issued an opinion warning Texas employers of the dangers of allowing employees to work off the clock. Forewarned is forearmed...

Nov 01, 2024 · Employment Law Letter · Texas · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi

FMLA leave always depends on facts, even for fertility treatments

Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Great question; complicated answer. The answer...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Determining PWFA eligibility and reasonable accommodations

Q Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? No, employees don’t need to be employed...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

In Colorado, holiday incentive pay must be included when calculating regular rate

On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter)...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

Two new Maryland employment laws to take effect on October 1

During this year’s legislative session, the Maryland General Assembly passed a statute that will require employers to disclose wage information any time they post a job listing, as well as a new law mandating that...

Nov 01, 2024 · Employment Law Letter · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia

SCOTUS to decide if non-minorities need greater Title VII proof burden

In early October 2024, the U.S. Supreme Court agreed to answer a question that has divided courts across the country: in short, whether an employee in a majority group—white, male, or straight—must offer additional...

Nov 01, 2024 · Employment Law Letter · Texas · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Massachusetts SJC issues important Paid Family and Medical Leave decision

Massachusetts Paid Family and Medical Leave (PFML) went into effect on January 1, 2021. Since then, employers have had a number of unanswered questions related to the statute and accompanying regulations. Recently, the...

Nov 01, 2024 · Employment Law Letter · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont

Be sure you know how to recoup overpayment of wages

Q Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? The Federal Labor Standards...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

NLRB continues scrutiny of ‘stay-or-pay’ provisions, noncompete agreements

In May 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memo outlining her position that noncompete agreements in employment contracts potentially violate workers’ rights under...

Nov 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Termination claims dismissed, but invasion of privacy was not

The University of California (UC) acted almost perfectly, investigating claims of professorial misconduct while responding appropriately to disability accommodation requests. But they shared their concerns—and employee...

Oct 25, 2024 · Employment Law Letter · California

California Supreme Court to rule on arbitration forfeiture

To make sure employment arbitration proceedings move along quickly, a new California law says that “if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting...

Oct 11, 2024 · Employment Law Letter · California