Tag: FLSA

Ask the Expert: How Do We Determine Overtime Pay Owed for Misclassified Position?

We created a position 3 years ago that we now believe was misclassified as exempt/salaried and should have been non-exempt/hourly. We have had an individual in the position for the past 3 years and are going to change them to hourly ASAP. Importantly, we also want to address potential overtime worked during this time. What […]

Federal Contractor Alert: Changes in Monetary Thresholds and Minimum Wage In 2016

By Susan Schoenfeld, JD In what could be construed as an “under the radar” move, in late 2015, the Office of Federal Contract Compliance Programs (OFCCP) quietly changed federal contractors’ contract threshold amounts for coverage under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act (Section 503).

2nd Circuit Mandates Supervision over FLSA Private Settlements

By Zachary D. Morahan, JD Most employers and their legal counsel are used to settling wage and hour claims in a simple and straightforward manner. Other than an agreement containing the appropriate terms and conditions, not much more was needed to settle such a claim before litigation began. With the exception of getting a case […]

Ask the Expert: Can We Substitute Reduced Rent for Overtime Pay?

We are planning to have one of our employees, who typically works Monday through Friday 8 a.m. to 4 p.m., live in one of our apartments for a reduced rent rate. In exchange for this, on the weekends he will empty the dumpsters and address any maintenance calls that may occur during the weekend. We […]

Ask the Expert: Shift Differential Pay Practices

What is a common shift differential pay amount for hourly employees? Although the Fair Labor Standards Act (FLSA) does not require private employers to provide differential or premium pay to employees (outside of overtime pay of time and a half over 40 hours in a workweek), many employers will reward their employees with additional pay […]

Title: 72% of Organizations Do Not Pay Workers above Minimum Wage, Says Aon

Despite recent reports showcasing organizations that are increasing employees’ pay above the minimum wage, new research from Aon Hewitt, the global talent, retirement, and health solutions business of Aon plc, reveals that 72% of organizations with minimum wage employees currently do not have a plan to pay those employees above the mandated rate.

Thompson’s Top HR Stories of 2015

The start of a new year offers the opportunity to take stock, and to plan ahead. It’s anyone’s guess what 2016 will hold for human resources professionals, but looking back at the stories that drew the most interest from our reader community provides some useful insights on what to watch for in the new year. […]

Are You Planning on Giving Minimum Wage Workers a Pay Raise?

Despite recent reports showcasing organizations that are increasing employees’ pay above the minimum wage, new research from Aon Hewitt, the global talent, retirement, and health solutions business of Aon plc, reveals that 72% of organizations with minimum wage employees currently do not have a plan to pay those employees above the mandated rate. Additionally, of […]

Was Truck Driver Owed Overtime under MCA Exemption?

By Arielle B. Sepulveda, JD The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employee who worked on both large trucks—the operation of which is exclusively regulated by the U.S. Department of Transportation (DOT)—and smaller vehicles was entitled to overtime pay under the Fair Labor Standards Act (FLSA).