Ask the Expert: How Should Employee Car Allowance Be Paid?
Can a car allowance be paid on a standalone check without any receipt? Or should this be paid via payroll and to be taxed? Thank you for your inquiry on car allowances paid by employers.
Tag: FLSA
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 […]
An FLSA Q&A: How Do You Conduct a Compliance Audit?
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 […]
New Overtime Regulation Won’t Apply in Puerto Rico
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.
Supreme Court Says DOL Must Explain Exemption Regulations
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 […]
Benefits Issues Joining the Overtime Melee
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.
New York Employer Learns Costly Lesson About Paying the Correct Prevailing Wage Rate
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 […]
Ask the Expert: New Overtime Rule Threshold & Employees on Unpaid Leave
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 […]