Tag: FLSA

California: No Combined Rest Breaks for the Weary

By Emily A. Mertes and Katharine Essick, Sedgwick LLP Since the California Supreme Court’s seminal meal and rest break decision Brinker v. Superior Court in 2012, employers have wrestled with whether, in their particular circumstances, it would be impractical to provide their employees with two separate rest breaks before and after a meal period during […]

Ask the Expert: New Overtime Regs and Salaried, Nonexempt Employees

We currently have multiple salaried, nonexempt employees in our office. They are never required to work overtime, however, I want to ensure that we are following the correct protocol and are protected given the recent changes to the FLSA. Should these employees be entering/submitting hours each week even though they are paid on a salaried […]

bonus

Bonuses and the New FLSA Overtime Regulations

By Susan Prince, JD, M.S.L., Legal Editor The federal Department of Labor (DOL) has released final changes to the overtime regulations. These changes are effective December 1, 2016. The most prominent change is the increase in the salary level required for exemp­tion from overtime to an annual salary of $47,476. This translates to a weekly […]

Wisconsin

FLSA: Workers’ Preliminary ‘Donning and Doffing’ Duties Compensable

By Troy D. Thompson of Axley Brynelson, LLP Earlier this year, the Wisconsin Supreme Court decided that time spent by employees putting on and taking off company-required clothing to comply with federal regulations is compensable time for which they must be paid.  The court’s decision is largely consistent with a line of other recent decisions […]

Illinois Court Finds Chicago Eatery’s FLSA Claims Unappetizing

By Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP Does your organization use independent contractors or other workers labeled “owners” or “partners” who aren’t considered employees? If so, a recent decision by a federal court judge in Chicago that shows the danger in misclassifying employees may give you indigestion.

Q&A: How Can We Safely Conduct an FLSA Compliance Audit?

By Holly Jones, JD, BLR Senior Legal Editor Question: In preparation for the new regulations coming on December 1, we’d like to conduct a comprehensive Fair Labor Standards Act (FLSA) audit of all of our positions. We expect that some positions will be reclassified based on salary threshold, but we may also have some positions […]

Don’t Gamble on FLSA—Pay Trainees for Their Time

Yesterday’s Advisor described a court case where a casino paid trainees for only 2 days of a 12-week training course—and the trainees filed a class action suit alleging violations of the federal Fair Labor Standards Act (FLSA) as a result. While the case was dismissed by a district court, the trainees appealed. Today, we see […]