Tag: FLSA

What Exactly Are ‘Super Commuters’ and Do They Get Any Tax Breaks?

Employers and “super commuters” — employees who live outside of the boundaries of the metropolitan area where they work — may wonder whether there are any tax breaks for someone who practically breaks their neck to get to their employer’s place of business. A recent study by the Rudin Center for Transportation at New York University […]

DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim

The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing  in-home care franchise owners.  If the proposal is implemented as planned,  the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption

Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]

On Base: WHD Launches Enforcement Effort, Reaches Settlement with Army Employers

The Labor Department is taking its enforcement efforts onto military bases. DOL’s Wage and Hour Division this month announced that it is conducting a significant labor law enforcement effort on a multibillion dollar construction project at Fort Bliss in El Paso, Tex., focused on promoting contractor and subcontractor compliance with the Fair Labor Standards Act, […]

Smart Compensation Strategies for Small Employers: How to Maximize Your Budget

What’s Different About “Small Business”? When it comes to running compensation, small business have several challenges, says Wudyka, who is managing principal of Westminster Associates in Wrentham, Massachusetts. His tips came during a recent webinar sponsored by BLR. Small businesses, he says: Need “flexibility.” Small businesses need flexibility in anything they do when it comes […]

Practice Tip — Keep Four Key Elements of the FLSA in Mind: Faith, Liability, Statute of Limitations and Anti-Retaliation

The broad scope of the Fair Labor Standards Act provides seemingly endless opportunities for debate. The fact that the Supreme Court agreed to hear Christopher v. SmithKline Beecham Corp. later this year (a case out of the U.S. Court of Appeals for the 9th Circuit involving worker classification) on the heels of its ruling in […]

PTO Plans vs. Traditional: Plusses and Pitfalls

Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by who initiates the absence, says Hagan, who is a partner in the Dallas office of Sarles & Ouimet, LLP. He made his suggestions at a recent BLR webinar. Involuntary absences are employee […]

Labor Dept. Urges High Court to Accept Narrow Definition of Sales Reps

By Khristine Scholtz The U.S. Labor Department, continuing its push for a narrow definition of outside salesmen, argued in a friend of the court brief that the outside-sales exemption is limited to employees who make their own sales. At issue is whether pharmaceutical sales representatives must be paid for working overtime hours, or are exempt […]

Paterno Responses Range from ‘Despicable’ to ‘Very Well Written’

There was, however, one resounding commonality. Overwhelmingly, readers showed distain for the manner of Paterno’s termination—over the phone after 61 years of service. There’s a sampling of the comments below; readers may also want to read the original article or read all the comments in their entirety. A Sampling of Comments Your article—and all the […]