Tag: FLSA

No Supreme Court Review of DOL’s FLSA Home Care Rule

By Kate McGovern Tornone, Editor The U.S. Supreme Court has chosen not to review the decision of the D.C. Circuit Court of Appeals regarding U.S. Department of Labor’s (DOL) regulations that expand Fair Labor Standards Act (FLSA) protections for home care workers.

Federal Court Allows Employee’s Equal Pay Claim to Move Forward

By Martin J. Regimbal, JD, The Kullman Firm The federal trial court in Aberdeen, Mississippi recently addressed an employee’s Equal Pay Act (EPA) claim. The Act requires that all employees who perform equal work receive equal pay unless a pay differential is justified by a factor other than sex. Although the employer provided reasons for […]

Ask the Expert: Deductions from Final Paycheck for Loan, Child Support

Here are two interesting questions related to deductions from final paychecks of employees.  Both are interesting scenarios and serve as reminders to employers that their state laws should be referenced before making decisions about deductions from pay. Question 1:   I have question about the last paycheck that I am paying to our employee. Employee has […]

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 […]