Tag archives: Overtime

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

Global Workplace InsiderBy Elodie Grangier on 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?

Photo of Kimberly Cheeseman (US)Photo of Carolyn Webb (US)By Kimberly Cheeseman (US) and Carolyn Webb (US) on 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

Photo of Mathias GohBy Mathias Goh on 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

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on 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

Global Workplace InsiderBy Elodie Grangier on 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

Photo of Andrew Yeh (US)Photo of Matt Heller (US)By Andrew Yeh (US) and Matt Heller (US) on 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

Global Workplace InsiderPhoto of Kimberly Cheeseman (US)Photo of Matt Heller (US)By Mario Barrera (US), Kimberly Cheeseman (US) and Matt Heller (US) on 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

Photo of Norlynn Price (US)By Norlynn Price (US) on 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?

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on 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

Photo of Norlynn Price (US)By Norlynn Price (US) on 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

Global Workplace InsiderPhoto of Stephen Romero (US)By Mario Barrera (US) and Stephen Romero (US) on 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

(Night-)Time is Money

Photo of Jannis BreitschwerdtBy Jannis Breitschwerdt on 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

Photo of Norlynn Price (US)By Norlynn Price (US) on 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

Photo of Norlynn Price (US)By Norlynn Price (US) on 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

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

Global Workplace InsiderBy Jodie Kessler on 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

Photo of John R. HerringBy John R. Herring on 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

Global Workplace InsiderBy Grace Ye on 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

Commonality continues to be stumbling block for certifying misclassification class proceedings

Global Workplace InsiderBy guestauthor on 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
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