DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent schedules that result in workweeks with varying hours of work.

Part 541 Overtime Rule, Round 2: How the New NPRM Differs From the 2016 Proposal

On March 7, 2019, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced the release of its Notice of Proposed Rulemaking (NPRM) to revise the regulations defining who is an executive, administrative, professional, outside sales and computer employee exempt from the overtime and minimum wage protections of the Fair Labor Standards Act (FLSA).

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced for 2018, along with the related changes to the maximum tip credit permitted and minimum cash wage allowed for tipped employees.

What Constitutes “Incentive Payments” Under the Final Overtime Regulations?

In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the employee is paid), (2) the salary level test (which establishes a minimum salary amount that employees must earn to be considered exempt), and (3) the primary duties test (which asks which kinds of job duties the employee performs). The new final regulations revising the minimum salary amount were published in the Federal Register on Monday, May 23, 2016. The new minimum salary level, which takes effect on December 1, 2016, is $913 a week or $47,476 annually.

Storm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year. This is the most notable—but not the only – change to the FLSA exemption requirements under the final Part 541regulations that the U.S. Department of Labor (DOL) released today. Another noteworthy provision in the final Part 541 rule is one to automatically adjust this salary amount every three years beginning on January 1, 2020.

New OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions

The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL). This new salary threshold—which will become effective on December 1, 2016—more than doubles the current minimum salary level of $455 per week, or $23,660 per year, and will have a dramatic impact on employers.

The DOL’s New Final Overtime Rule Is Likely To Be Released on Wednesday

The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) two months ago. Reports have now emerged that the final overtime rule will be released to the public on Wednesday, May 18, 2016.

Red Flags for Homebuilders Related to DOL’s Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the Department of Labor ceased issuing opinion letters in 2009 at the beginning of President Obama’s administration. In place of opinion letters, the Wage and Hour Division occasionally issues administrative interpretations designed to provide meaningful and comprehensive guidance to both employers and employees. AI 2015-1 makes it clear that the Department of Labor contends too many workers are misclassified as independent contractors throughout the country.

Applying Wage and Hour Laws to the 21st Century Series: Concerns Involving Exempt Employees

In this, our final post in this blog series on wage and hour issues in the 21st century, we address another frequent area of concern for employers: exempt employees. Smartphones and electronic remote access are creating new problems for employers when it comes to exempt employees. Under the Fair Labor Standards…..

Applying Wage and Hour Laws to the 21st Century Series: Telecommuting Risks and Rewards

Telecommuting has become a popular work option for several employers in the recent past. Reasons that employers and employees may consider telecommuting as an option include: increase in flexibility of hours worked, more working families, increase in gas prices, sluggish economy, and alternative to employee layoffs. Telecommuting employees often work from home…..

Records of Potential Off-the-Clock Work Violations: GPS Tracking Devices

Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate missing vehicles and/or employees. While most employers tout the enhanced safety that GPS…..

Documentation of Potential Off-the-Clock Work Violations via Electronic Devices: Are You Prepared?

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge. Have you considered the records that now exist illustrating access and use of electronic communication devices by your employees? If you are handing…..

Wage and Hour Series: Examples of Off-The-Clock Work Violations Involving Use of Technology

In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that companies conduct business in the 21st Century—via email, checking voice mails, and working remotely…..

Applying Wage and Hour Laws to the 21st Century Workforce

A Discussion on Determining Hours Worked and Avoiding Off-The-Clock Violations in The World Of Smart Phones And Telecommuters  Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non‑exempt employees.  With the number of lawsuits involving technology-related off-the-clock work claims on the…..