Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more
12/7/2016
/ Colleges ,
Department of Labor (DOL) ,
Educational Institutions ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
School Sports ,
Student Athletes ,
Universities ,
Wage and Hour ,
Wages
It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening...more
12/5/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more
12/2/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Appeal ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Last week, the United States District Court for the Eastern District of Texas dealt employers yet another surprise in this season of upsets with its decision in State of Nevada v. U.S. Department of Labor, halting the...more
11/28/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Well folks, looks like all that work we did to get ready for the new exemption rules taking effect 12/1 was just for fun. A federal court just blocked the rules from taking effect nationwide....more
Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more
11/15/2016
/ Affordable Care Act ,
Arbitration ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Deportation ,
E-Verify ,
Employee Restrooms ,
Employment Contract ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
H-1B ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Immigrants ,
Judicial Appointments ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Over-Time ,
Presidential Nominations ,
Reasonable Accommodation ,
Right to Work ,
SCOTUS ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
This is a post I certainly didn’t expect to be writing even 12 hours ago, but now that the results of the election are clear, it’s time to give some thought to what lies ahead under the forthcoming Trump administration....more
11/9/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Presidential Elections ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime exemption rule from taking effect had not yet moved to expedite the court’s ruling on...more
On September 20 we reported about a lawsuit by 21 states seeking to block the U.S. DOL’s new overtime exemption rules. This week, the states followed up their complaint by filing an Emergency Motion for Preliminary...more
Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more
9/19/2016
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
Regular readers may have noticed that this blog took a bit of a hiatus over the summer while the authors spent some time away from work, and then working to catch up from the time away. Now that summer is winding down, the...more
Hospitality industry employers take note: If you claim a “tip credit” toward the minimum wage for any of your employees, you need to make sure that all tips are properly distributed to employees. A recent case from the Fifth...more
6/23/2016
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Since the U.S. DOL published its new overtime exemption rules, several people have asked me how one goes about converting a salary to an hourly rate that will give employees about the same amount of pay once overtime is...more
Every economist knows that there’s no such thing as a free lunch. That’s as true in the labor market as in any other area of the economy, but you’d hardly know that by reading the DOL’s publications promoting its new overtime...more
One of the issues that colleges and universities are struggling with under the new FLSA overtime exemption rules is how to compensate residence hall directors. While responsibilities vary from institution to institution,...more
6/1/2016
/ Colleges ,
Department of Labor (DOL) ,
Educational Institutions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Universities ,
Wage and Hour ,
White-Collar Exemptions
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