James P. Looby

Jan 20, 2025 | jdsupra.com | James P. Looby

This week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime provisions of the Fair Labor Standards Act (FLSA). In EMD Sales, several sales representatives filed suit against their employer (EMD) in the U.S. District Court for the District of Maryland.

Jan 10, 2025 | jdsupra.com | James P. Looby

On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances.  Tip pooling is a common practice in the hospitality industry where employees contribute any tips received into a pool at the end of a shift and then, at some point thereafter, divide the tips amongst those participating in the pool.

Dec 6, 2024 | jdsupra.com | James P. Looby

Amendments to the Illinois Wage Payment and Collection Act (IWPCA) setting forth new pay stub requirements for employers take effect on January 1, 2025. Here are the highlights. What Is a “Pay Stub.”The IWPCA now specifically defines a “pay stub” as an itemized statement reflecting an employee’s:• hours worked• rate of pay• overtime pay• overtime hours worked• gross wages earned• deductions made from the employee’s wages• total wages and deductions for the yearNew Employer Pay Stub Obligations.

Nov 18, 2024 | jdsupra.com | James P. Looby

On November 15, 2024, in a highly anticipated decision, a Texas federal district court judge struck down the U.S. Department of Labor’s final regulation that increased the salary threshold for the “white collar” exemptions under the Fair Labor Standards Act (FLSA). The next salary threshold increase under the rule was scheduled to take effect on January 1, 2025.

Oct 23, 2024 | law360.com | James P. Looby

By James Looby ( October 23, 2024, 5:15 PM EDT) -- In Hamilton v. Amazon.com Services LLC, decided on Sept. 9, the Colorado Supreme Court held that Colorado state law requires employers to include premium pay tied to hours worked on holidays when calculating a Colorado employee's regular rate of pay.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.