Employee Classification

New and Updated

• Date:

  March 16, 2023

  Type:

  News

  Docking Exempt Employees' PTO Not an FLSA Violation, 3rd Circuit Rules

  An employer may safely deduct PTO from a salaried employee without violating the FLSA or risking the employee's exempt status, according to a new ruling by the 3rd Circuit Court of Appeals.

• Type:

  Legal Timetable

  Louisiana Fresh Start Proper Worker Classification Initiative Application Period Begins

• Type:

  Legal Timetable

  Louisiana Fresh Start Proper Worker Classification Initiative Application Period Ends

• Type:

  Employment Law Guide

  Independent Contractors: Louisiana

  Updated to reflect the opening of the application period for the Fresh Start Proper Worker Classification Initiative, effective January 1, 2023.

• Type:

  Employment Law Guide

  Employee Classification: Federal

  Updated to reflect information on a Supreme Court ruling regarding highly compensated employees.

• Date:

  February 22, 2023

  Type:

  News

  Supreme Court Finds Highly Compensated Employees Still Entitled to Overtime

  Paying employees on a daily basis is incompatible with the overtime exemptions of the Fair Labor Standards Act (FLSA), even if it results in guaranteed weekly compensation well above the law's minimum, the Supreme Court ruled in Helix Energy Solutions Group, Inc. v. Hewitt.

• Type:

  Employment Law Guide

  Independent Contractors: New York

  Updated to reflect requirement that posters be made available electronically, effective December 16, 2022.

• Date:

  January 9, 2023

  Type:

  News

  DOL Pencils in May 2023 for New Overtime and Independent Contractor Rules

  The US Department of Labor (DOL) often misses its target dates, so another delay would not be unusual. Conversely, there is nothing stopping the agency from issuing new rules before May, either.

• Type:

  Employment Law Guide

  Employee Classification: Alaska

  Updated to reflect increases to the minimum salaries for overtime-exempt executive, administrative and professional employees, effective January 1, 2023.

• Type:

  Employment Law Guide

  Employee Classification: California

  Updated to reflect increases to the minimum salaries for executive employees, administrative employees and professional employees, and to the minimum pay for computer professionals and physicians and surgeons paid an hourly rate, effective January 1, 2023.