Tag: FLSA

Ask the Expert: Must These Fired Employees Receive Holiday Pay?

I have a question on holiday pay.  A non-exempt employee called out the Friday before Memorial Day. Because of other issues, he was told not to come in the Tuesday after Memorial Day. That Tuesday, we came to a mutual decision to end employment. Should he be paid for Memorial Day? Another employee called out […]

New Overtime Regs Q&A: The Catch-Up Payment

Q: I have a question regarding the “catch- up payment” in regards to the new FLSA regulations. I understand there’s a look back period, how does this work with the 12/1/16 effective date? Would that month be viewed in the quarter time frame?

Overtime Calculation: Do You Have to Include Benefits Opt-Out Payments?

By BLR Editor Kate McGovern Tornone The 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations. In a  case of first impression, the court ruled that when an employer pays an employee cash […]

Snapshot—5 Key Points on DOL’s New Overtime Regulations

By BLR Legal Editor Susan Prince, JD, M.S.L. The federal Department of Labor’s (DOL) overtime regulations were updated and modernized in May 2016. December 1, 2016, is the effective date of these regulations. The alarming wave of Fair Labor Standards Act (FLSA) enforcement activity shows a distinct trend and emphasis on FLSA and compensation-related lawsuits […]

Tips to Not Lose an Employee Exemption

With the recently-announced rule change from the Department of Labor (DOL) updating the minimum salary requirement for employees to be classified as exempt, now is a great time to take a look at some tips for ensuring that no missteps are taken that might jeopardize that exemption.

Court Clarifies Successor Liability Rule for Wages Owed by Predecessor

By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]

Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption

I have two questions regarding the salary threshold for exemption.  1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption? 2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does […]