Tag: FLSA

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 […]

California Employer Alert: Overtime Regulations May Impact ‘Gap’ Employees

By BLR Editor Kate McGovern Tornone In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law. California has its own […]

EEOC Proposes Using EEO-1 Report to Collect Pay Data

By BLR Senior Legal Editor Susan Schoenfeld, JD The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) recently published a proposal to revise the Equal Opportunity Report (EEO-1) reporting form in order to annually collect summary pay data by gender, race, and ethnicity from businesses with 100 or more employees. A […]

Wage and Hour Concerns for Employees Who Telecommute

By Stefanie Renaud, Esq., of Skoler, Abbott & Presser, P.C. Telecommuting is one of the fastest growing employment trends in the United States, up 103% since 2005. Today, over 3.7 million employees telecommute at least half the time. Undoubtedly, that number will continue to grow, because 85% of Millennials, who compose the largest generation in […]

Calculating Overtime Using the Fluctuating Workweek Method

By Anne Torregrossa, JD, Brann & Isaacson When pondering wage and hour law, folks generally think in terms of “hourly” and “salaried” employees to distinguish between workers who are subject to the minimum wage and overtime requirements and those who aren’t. However, they are really talking about “nonexempt” and “exempt” employees under the Fair Labor […]

Ask the Expert: Part-Time Employees and the New Overtime Rule

Regarding the new overtime rule and the minimum salary threshold for exempt status—how does it treat part-time employees who are currently exempt? For example, if a part-time worker in an exempt position making is $30k annually, but the full-time  equivalent is $60k, do they meet the requirement?