Practical HR Tips, News & Advice. Updated Daily.
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.
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 […]
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 […]
By Holly Jones, JD One of the hottest topics in labor law lately is the new changes coming to overtime exemption rules under the Fair Labor Standards Act (FLSA). The changes will be massive for some organizations, and many will be conducting audits to ensure compliance—but will they be auditing correctly? Here with a Q&A […]
By Kate McGovern Tornone, Editor The new Fair Labor Standards Act (FLSA) salary threshold will not apply in Puerto Rico when it takes effect for the rest of the country this winter.
By Kate McGovern Tornone, Editor The U.S. Department of Labor (DOL) did not properly explain a regulatory change made in 2011, the U.S. Supreme Court has determined. The department issued regulations exempting car dealership “service advisors” from the Fair Labor Standards Act’s (FLSA’s) overtime requirements but those rules were not properly issued and therefore are […]
The 9th U.S. Circuit Court of Appeals—which covers California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations.
By Zachary D. Morahan, Coughlin & Gerhart, LLP “Prevailing wages” are the premium wage rates paid to employees who perform labor on a “public” project, often a construction or highway project. Employers in the construction trade know all too well that the failure to pay the correct prevailing wage can have dire consequences, regardless of […]
I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]
By Arris Reddick Murphy, FedEx Corp. The U.S. Department of Labor’s (DOL’s) much-discussed final rule on overtime pay announced in May focuses primarily on updating the salary and compensation levels needed for executive, administrative, and professional (EAP) workers to be classified as exempt. But it may have implications for some of these workers’ 401(k) retirement […]