LIEB BLOG

Legal Analysts

Showing posts with label liquidated damages. Show all posts
Showing posts with label liquidated damages. Show all posts

Monday, April 29, 2024

New Overtime Time and a Half Final Rule under the Fair Labor Standards Act

Ready for a big jump in being entitled to overtime pay, which is 1.5 times pay?


The Department of Labor has set new effective earnings thresholds to be entitled to overtime pay per 29 CFR 541.  


Starting on January 1, 2025, we are moving the Fair Labor Standards Act (FLSA) from an entitlement to overtime pay for those making under $35,586 to those making under $58,656 per year ($1,128 per week). Note that this threshold does not apply to employees who are "bona fide executive, administrative, or professional capacity . . . or in the capacity of [an] outside salesman," which terms are defined at 29 CFR 541.


These numbers are particularly important because a worker who is not paid properly can recover 2X back wages (liquidated damages) on unpaid overtime from the prior 2 years. 




Tuesday, November 22, 2022

New Lawful Work Absence Wage & Hour Employment Law

Starting on February 19, 2023, employers are going to be subject to claims of retaliation if they discipline their workers for legally protected absences because Governor Hochul has signed A8092B


Specifically, Labor Law section 215 was amended to make clear that absences protected by federal, local, or state law, which result in discharge or penalty are now subject to a lawsuit that can result in liquidated damages, costs and attorneys' fees.


This new law further clarifies that actionable discipline includes "assessing any demerit, occurrence, any other point, or deductions from an allotted bank of time, which subjects or could subject an employee to disciplinary action, which may include but not be limited to failure to receive a promotion or loss of pay."