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Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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dol, flsa, wage and hour, payroll, white collar, overtime
What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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pennsylvania, overtime, wage and hour, flsa, payroll
To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & Employment
Recent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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Tags:
flsa, payroll, overtime, time keeping, 4th circuit
Work-From-Home: Five Tips to Avoid Overtime Liability Posted on: May 11, 2020 In: COVID-19 Response
By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve.
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work-from-home, overtime, payroll, covid-19, coronavirus
The Best Way to Spread Christmas Cheer is to Share This Employers’ Holiday Guide Far & Near Posted on: December 16, 2019 In: Labor & Employment
'Tis the season... for seasonal employees, paid time off, and the potential for ample holiday overtime, that is! During the holiday season, when so much hustle and bustle can become distracting, employers should not lose sight of the many responsibilities – and regulations – that also tend to arrive with the onset of winter.
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Tags:
holiday season, seasonal employees, temporary employees, overtime, record keeping
Increased Salary Thresholds for FLSA Exempt Status Expands Overtime Eligibility Posted on: September 24, 2019 In: Labor & Employment
“Why am I not receiving additional compensation for working overtime?” 1.3 million Americans will no longer be asking themselves this question after the Wage and Hour Division of the Department of Labor submitted a Final Rule modifying the regulations pertaining to overtime exemptions.
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Tags:
overtime, flsa, exempt employees, employment law, department of labor
Cannabis Industry Employees May Now Pursue FLSA Claims Posted on: September 24, 2019 In: Labor & Employment
There may soon be a sea change concerning the federal rights for workers in the cannabis industry after what could become a landmark opinion issued Friday, September 20th, by the 10th Circuit Court of Appeals. Employers involved in the cannabis industry are now susceptible to claims alleging violations of the Fair Labor Standards Act.
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Tags:
cannabis, flsa, overtime, minimum wage, controlled substances act
5 Tips to Avoid Wage & Hour Liability in California Posted on: June 26, 2019 In: Labor & Employment
Wage and hour litigation is an area of law that is incredibly nuanced, but incredibly important. Every California employer is faced with the daunting task of avoiding liability for wage and hour law violations. Fortunately, employers can greatly reduce the risk of exposure by following these five simple tips.
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Tags:
california, payroll, wages, compliance, overtime
Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & Employment
Overtime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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overtime, california, compensation, california supreme court, rate of pay
Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
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Tags:
bring your own device, flsa, trade secrets, overtime, smartphones
FLSA Double Time Posted on: March 12, 2019 In: Labor & Employment
Last week, the Wage and Hour Division of the US Department Of Labor issued a 219-page Notice of Proposed Rulemaking (NPRM) and accompanying FAQs regarding the regulations defining who is a “white collar” overtime exempt employee.
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Tags:
flsa, overtime, white collar, exemptions