Practical HR Tips, News & Advice. Updated Daily.
Employers know that locating terminated vested participants and beneficiaries owed benefits under a retirement plan can be difficult—in part because people move, change jobs, and will forget they may have a balance or benefit owed to them under a prior employer’s plan. However, employers generally have an obligation under the Employee Retirement Income Security Act […]
On November 15, 2024, in a significant ruling that will impact employers across the nation, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL) new rule that would have required employers to increase the salary-basis threshold under the Fair Labor Standards Act (FLSA). In light of […]
Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]
The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]
The U.S. Department of Labor (DOL) has published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA). The new rule requires an increase to the salary threshold for executive, administrative, and professional workers (EAP) and Highly Compensated Employees (HCE) to qualify for exemption from […]
The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]
It’s become a mantra resounding from more and more employers: Good help is hard to find. For years now, employers have bemoaned their inability to recruit and retain workers for the full range of employment, everything from low- to high-skill positions. But researchers who study the workforce and the trends shaping it point to a […]
A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]
Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]
In a significant move that promises to reshape the U.S. labor landscape, the Biden administration has proposed a new rule intended to extend overtime pay eligibility to an additional 3.6 million workers. It’s a proposal the marks the most substantial increase in such provisions in recent decades and revives an initiative from the Obama era. […]