Tag archives: Overtime

France implements new social measures to face the pandemic

The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required … Continue reading

What are an employer’s chances of overcoming an employee’s claim for overtime in France ?

By Elodie Grangier on October 1, 2019 Posted in Contracts, Europe, France

The basic working time arrangement in France is 35 hours per week, and although there are a number of alternative working time arrangements potentially available, this is still the one that applies to the majority of French employees. However, this is not a maximum working week – employees working beyond that amount are entitled to … Continue reading

We all know what the new DOL salary numbers are, but what happens next?

By Kimberly Cheeseman (US) and Carolyn Webb (US) on March 21, 2019 Posted in General, North America, United States

The US Department of Labor’s March 7, 2019 Notice of Proposed Rulemaking reset the salary requirements for the Fair Labor Standards Act’s white-collar exemptions. By now we all know the new numbers: the minimum salary threshold will increase from US$455 per week (US$23,660 annually) to US$679 per week (US$35,308 annually) for the executive, administrative, professional, … Continue reading

Singapore: “Watershed” Amendments to Employment Legislation

By Mathias Goh on December 11, 2018 Posted in Asia Pacific, Singapore

Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore. The single most significant legislative … Continue reading

Overtime and holiday pay – non-guaranteed and voluntary overtime

By Amanda Sanders (UK) on July 13, 2018 Posted in Contracts, Europe, UK

The Employment Appeal Tribunal (EAT) in the UK has recently considered whether voluntary as well as non-guaranteed overtime should be taken into account in calculating the amount of holiday pay. The question arose both under the terms and conditions of the claimants’ employment, but also pursuant to the EU Working Time Directive (No.2003/88) (WTD). The … Continue reading

Le temps de trajet des salariés itinérants n’est (définitivement) pas du temps de travail effectif

By Elodie Grangier on July 11, 2018 Posted in Contracts, Europe, France

La détermination du temps de travail effectif des salariés est un sujet complexe, et l’enjeu est considérable pour les salariés dans la mesure où ce temps de travail effectif a un impact direct sur leur rémunération. C’est encore plus vrai pour les salariés itinérants, dont les fonctions impliquent des temps de trajet importants (notamment entre … Continue reading

DOL to appeal injunction against new overtime regulations

By Andrew Yeh (US) and Matt Heller (US) on December 6, 2016 Posted in United States

Despite the fact that the U.S. Department of Labor’s new overtime regulations were set to go into effect on December 1st, the validity of the regulations remains unsettled. We previously reported that on November 22nd, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide injunction precluding … Continue reading

Texas federal judge puts the brakes on the DOL’s new overtime regulations

By Mario Barrera (US), Kimberly Cheeseman (US) and Matt Heller (US) on November 25, 2016 Posted in General, United States

Employers who had been searching for a way to best implement the Department of Labor’s new overtime regulations (the “Final Rule”), which are set to go into effect on December 1, 2016, received an early holiday gift on Tuesday, and from one of President Obama’s appointed jurists, no less. On November 22nd, Judge Amos Mazzant … Continue reading

Overtime overhaul – small businesses want more time to prepare

By Norlynn Price (US) on September 29, 2016 Posted in United States

With just about 90 days to go before the U.S. Department of Labor’s final rule dramatically updating overtime regulations is scheduled to go into effect, small business owners have petitioned the DOL’s Wage and Hour Division seeking more time to prepare for and implement changes to the way they operate their businesses so that they … Continue reading

Calculating holiday pay – should voluntary overtime be included?

By Amanda Sanders (UK) on September 1, 2016 Posted in Europe, UK

Over the past few years we have seen a number of cases considering what payments should be included in the calculation of holiday pay. These cases have held that commission, contractual overtime and certain allowances should all be included. The question has remained as to how voluntary overtime should be treated. A recent employment tribunal … Continue reading

Fair pay, safe workplaces, and federal contractors telling it like it is

By Norlynn Price (US) on August 29, 2016 Posted in Discrimination and harassment, United States

On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Counsel issued a final rule to implement President Obama’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces,” first announced by the President over two years ago on July 31, 2014. According to the Federal Acquisition Institute, the purpose of E.O. … Continue reading

DOL’s new salary rule is a mixed bag for employers

By Mario Barrera (US) and Stephen Romero (US) on May 19, 2016 Posted in United States

Adding to the recent flurry of federal regulatory activity, on May 18, 2016, the United States Department of Labor‘s Wage and Hour Division issued a final rule on overtime that raises the salary threshold for exempt employees under the Fair Labor Standards Act. Defining and delimiting the exemptions for executive, administrative, professional, outside sales and computer employees … Continue reading

New era of representative evidence? Time will tell

By Barbara D'Aquila and Darryl Anderson (US) on April 5, 2016 Posted in United States

On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act … Continue reading

(Night-)Time is Money

By Jannis Breitschwerdt on January 19, 2016 Posted in Europe, Germany

Even though, unarguably, few employees would give up a good night’s sleep in order to work night shifts, operational necessity often dictates otherwise. Certain businesses can only remain competitive and survive in the market if they require their employees to work during night-time. Parcel services, bakeries and hospitals are just a few examples of businesses … Continue reading

Checks and balances at work: Fifth Circuit reins in U.S. Department of Labor in Fair Labor Standards Act case

By Norlynn Price (US) on July 7, 2015 Posted in United States

On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas … Continue reading

Fatter paychecks for employees, tough decisions for employers

By Norlynn Price (US) on June 30, 2015 Posted in United States

On June 30, 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that will significantly increase the number of employees entitled to receive overtime pay for work in excess of 40 hours during a regular workweek. Once implemented, the new rule is estimated to affect at least 5 million full-time employees … Continue reading

US Supreme Court declines to review FLSA pleading standards

By Nick Hendrix on April 27, 2015 Posted in United States

On April 20, 2015, the United States Supreme Court denied the petition for certiorari in Landers v. Quality Communications, Inc. At issue in the case was the level of detail that plaintiffs seeking overtime payments under the Fair Labor Standards Act (“FLSA”) must allege in order to survive a motion to dismiss. Greg Landers sued … Continue reading

Australian employees donate $110 billion each year to employers through unpaid overtime

By Jodie Kessler on November 20, 2014 Posted in Australia

The Australia Institute (TAI), an independent public policy think tank, has published a report entitled Walking the tightrope which considers the question: Have Australians achieved work/life balance? TAI’s research reveals the answer to this question is a definitive ‘no’. Australian employees work approximately 58.8 million hours of unpaid overtime per year, equating to almost $110 … Continue reading

US Department of Labor to Review FLSA Overtime Exemptions

By John R. Herring on April 15, 2014 Posted in United States

The Obama Administration has recently become more active in controlling the debate on exemptions to the US Fair Labor Standards Act overtime requirements. In addition to prioritizing the federal minimum wage during the president’s second term, the Obama Administration has also asked the US Department of Labor to examine existing exemptions to laws that otherwise would require … Continue reading

Working Hours and Annual Leave in China

By Grace Ye on October 3, 2013 Posted in Asia Pacific, China

Working Hours PRC law recognises three categories of working hour systems: (i) the Standard Working Hour System; (ii) the Flexible Working Hour System; and (iii) the Comprehensive Working Hour System. Each system varies in its applicability to employment positions and industries within the PRC. The Standard Working Hour System provides that an employee may work … Continue reading

Venezuela Work-Schedule Regime: Comply or get sanctioned

By Candace Sandoval on August 14, 2013 Posted in Latin America, Venezuela

As new wage and hour or work-schedule regulations have been recently brought fully into effect, employers face risks of being sanctioned in case the Ministry of Labour and Social Security finds that such rules have been breached. In fact, the duration of the ordinary work period as of May 7, 2013 may not exceed 40 … Continue reading

Commonality continues to be stumbling block for certifying misclassification class proceedings

By guestauthor on May 23, 2013 Posted in Canada

This post was contributed by Shannon Robinson, Associate, Norton Rose Canada LLP and Matthew Demeo, Articling Student, Norton Rose Canada LLP (Ottawa) Last month, the Divisional Court of the Ontario Superior Court of Justice (Divisional Court) upheld a decision that refused to certify class proceedings for unpaid overtime against the Canadian Imperial Bank of Commerce (CIBC) … Continue reading