To be classified as an employee exempt from overtime, an employee must perform certain exempt duties and responsibilities, such as those customarily performed by an executive, professional or administrative employee. In addition to performing the requisite managerial duties, an employer is required to pay the individual a minimum guaranteed weekly salary. If the employee does not receive this minimum weekly salary, the employee is treated as an hourly employee, regardless of their duties, and must be paid overtime for all hours worked in excess of 40 hours during the workweek.
While ERISA has long regulated employer provided group health insurance plans, it had never in the past dictated which employees should be eligible to receive health insurance. When Congress enacted the Patient Protection and Affordable Care Act in 2013 (“ACA”), it required for the first time that an employer provide health insurance to all employees who work on average at least 30 hours a week. The failure to cover all eligible employees, as now defined by the ACA, would subject employers either to the increased expense for having to provide affordable health insurance to a greater percentage of employees than in the past or to the “employer mandate” financial penalties.
On May 22, 2015, the U.S. Court of Appeals for the Third Circuit ruled in a case presenting an FMLA claim that a 14-hour hospital stay did not qualify as an “overnight” stay in order to provide the employee with protection under the FMLA.
Is it enough that an employee who is being harassed complains only to the harasser? The Sixth Circuit Court of Appeals says yes, it is enough.
The California adult nightclub Paradise Showgirls will have to pay more than $6.5 million to dancers who were required to turn over a portion of their tips to their employer. The Court found that under California law, any money handed directly from a customer to a dancer belongs to the dancer. The nightclub required the dancers to give a portion of these tips to the nightclub.