Practical HR Tips, News & Advice. Updated Daily.
By Bonnie M. Boryca The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding […]
By Raanon Gal, Taylor English Duma LLP The U.S. 11th Circuit Court of Appeals— which covers Alabama, Florida, and Georgia—recently ruled whether an hourly computer employee whose employer withheld his final 3 weeks had a minimum wage claim under the Fair Labor Standards Act (FLSA).
By David W. Jones, CCP, principal and director, Matthews Young — Management Consulting Students of American history know that this change in the minimum pay threshold for exemption from overtime pay revisits the complexities of the hourly versus exempt relationship established by the Fair Labor Standards Acts (FLSA) in 1938.
Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes. Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount. How are most companies handling the individuals who […]
By Dennis J. Merley Calculating and counting an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave is usually a pretty clear-cut matter. However, the math can get complicated when the employee regularly works overtime and has to miss some of the extra shifts because of intermittent FMLA leave.
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Under the federal Department of Labor’s (DOL) final overtime regulations, employees who currently earn more than $455 per week ($23,660 annually), but less than $913 per week ($47,476 annually), need to be reclassified as nonexempt by […]
Question: All of our restaurant and kitchen managers are paid a salaried wage (based on experience), and have similar job requirements. With the new overtime regulations (FLSA exemption requirements) headed our way in December, we are going to switch our newer, less experienced (lower paid) managers to hourly management. Can their job descriptions remain the […]
By Kevin C. McCormick, Whiteford, Taylor & Preston LLP In a recent unpublished decision, the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—held that several employees who worked for an American company overseas were properly classified as hourly employees despite some confusion about the offer letters describing their compensation.
BLR®’s FLSA New Overtime Regulations Survey has just closed today, and the results are a little surprising. For example, with less than one month to go before the new overtime regulations, our survey has found that over half (53.1%) of respondents have not informed their workers about the change in overtime laws.
By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.