One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more
5/27/2016
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Incentive Compensation ,
Minimum Salary ,
Over-Time ,
Sales Commissions ,
Wage and Hour ,
White-Collar Exemptions
In a recent blog post, Wage and Hour Administrator David Weil tries to underplay employer concerns about the new overtime exemption rules, including worries about the difficulty of tracking time for employees who are not used...more
The impending increase in the minimum salary for the executive, administrative and professional exemptions under the FLSA has many employers looking for ways to manage overtime costs for newly-reclassified employees. As part...more
This week, the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released. We are still digesting 500-plus...more
Late yesterday the White House and Department of Labor released key details of the new FLSA overtime exemption rules for white collar workers. The final rules themselves have just been released this morning. We are still...more
Bloomberg BNA is reporting that according to a “source familiar with the situation,” the DOL’s new overtime exemption rules will take effect on December 1. The new minimum salary for exempt executive, administrative and...more
Rumors abound this afternoon that the DOL will release its new overtime exemption rules this Wednesday, May 18, in coordination with an event in Ohio attended by VP Joe Biden and Labor Secretary Thomas Perez. What will the...more
As employers try to figure out how to cope with the coming increase in the minimum salary for the executive, administrative and professional employees, some find themselves with job classifications where the salary scale...more
No.
I’ve received this question from several blog readers and clients recently, and on its face it makes some sense. After all, you don’t pay full salary to someone who is only working for you part-time, so it only makes...more
According to a report from Bloomberg BNA, unnamed DOL staffers have stated that the salary threshold in the hotly anticipated FLSA exemption rules will be about $47,000 per year, down slightly from the $50,440 level suggested...more
In a move that should surprise precisely no one who has been paying attention to current U.S. politics, GOP lawmakers in the U.S. House and Senate introduced legislation to block the U.S. DOL’s anticipated overtime exemption...more
Over the last few months we've been asked on an almost daily basis when the DOL will be publishing its hotly anticipated white collar exemption rules. The short answer is still, we don't know. A few months ago, the word was...more
In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is...more
On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator's Interpretation ("AI") on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally...more
Last October, we reported on a petition by an auto dealership asking the U.S. Supreme Court to overturn a ruling by the 9th Circuit Court of Appeals holding that the dealership's service advisors did not qualify for the...more
Over the years I've had the opportunity to represent and advise a number of small businesses on wage and hour issues. Small businesses are understandably reticent to spend money on legal fees, so my first contact with many of...more
If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more
Q. We keep track of work hours for non-exempt employees using an electronic timekeeping system. For our exempt employees, we really have no records of how many hours they are working each day or week. Are we required to? Even...more
Q. We offer free lunches to our food service employees. Can we count the cost of these lunches as part of our employees' compensation?
A. The short answer is yes, but as we all know, there's no such thing as a free...more
Agencies and other third-party employers of live-in household employees and home companionship providers, take note: the long-delayed regulations reclassifying many of these workers as non-exempt employees entitled to minimum...more
9/24/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Healthcare ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Misclassification ,
Unpaid Overtime ,
Wage and Hour
If you are a regular reader of this blog, you are probably familiar with the six-factor test that the U.S. Department of Labor uses to determine whether an intern should be considered an employee for purposes of the Fair...more
9/21/2015
/ Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Internships ,
Medicare ,
Minimum Wage ,
Nurses ,
SCOTUS ,
Summary Judgment ,
Unpaid Interns ,
Unpaid Overtime ,
Wage and Hour