1. Introduction
If you have hourly employees that earn bonuses, commissions, or other performance payments, this article is for you.
Properly compensating such employees is often not as simple as paying “time and a half” or “double-time” for qualifying hours. Rather, federal law, and the laws of many states, require employers to “recalculate” overtime rates
For more than 80 years, federal law has provided a general right to premium pay for working overtime hours, originally just for covered employees, then later for employees of covered enterprises. The laws of more than 30 states contain a comparable requirement, though in some instances differing in the particulars.
This presumptive right to the
There has been a lack of clarity in California wage and hour law on how compensation must be structured to meet the “salary basis test,” particularly where an exempt employee is paid based on hours worked. However, in Negri v. Koning & Associates, the California Court of Appeal addressed this very
On November 16, 2011, the New Jersey Appellate Division held that registered nurses are exempt from overtime compensation under the New Jersey Wage and Hour Law (“NJWHL”), N.J.S.A. 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. Anderson v. Phoenix Health Care, Inc.