Tag: exemption


Marijuana Mainstream: Should It Be Treated Like Tobacco for Overtime Purposes?

The legalization of marijuana poses more conundrums for employers than just the challenges caused by employees’ use of the popular herb. While most employers in states like Nevada, where marijuana is legal both medicinally and recreationally, worry about whether they can terminate an employee for lawfully using weed, others are asking whether they are required […]


Wisconsin Supreme Court Interprets ‘Substantial Fault’ Regarding Unemployment Benefits

In 2013, Wisconsin’s unemployment compensation law was amended, creating a two-tiered system for determining when an employee is disqualified from receiving benefits. The first tier, disqualifying an employee terminated for misconduct, has been the standard for more than 75 years. The second tier, which became effective January 5, 2014, disqualifies an employee terminated for “substantial […]


DOL Last-Minute Reply Brief Drops Defense of Final Overtime Rule

The U.S. Department of Labor (DOL), headed by newly appointed Secretary of Labor Alexander Acosta, has decided not to defend the overtime rule finalized under the Obama Administration. Instead, the DOL will seek to begin a new rulemaking process, likely with a lower salary threshold for exemption.


DOL Submits Request for Information on the Overtime Rule

The U.S. Department of Labor (DOL) has submitted a Request for Information (RFI) regarding the final overtime rule to the Office of Information and Regulatory Affairs (OIRA) for its review. An RFI is an optional step used by governmental agencies when drafting rules in order to obtain public input on whether a new rule or […]


Are There Protections for Domestic Service Workers Under The FLSA?

The U.S. Department of Labor (DOL) issued a rule under the Fair Labor Standards Act (FLSA) several years ago that made substantial changes to the minimum wage and overtime protections for the many domestic service workers who enable individuals with disabilities and the elderly to continue to live independently in their homes and participate in […]


Ask the Expert: Sunday/Holiday Rate Calculation for Commissioned Employees

Question: We have some employees that are exempt and are on salary being paid a commission. If these employees work on a Sunday that is a holiday how should they be paid for that time? Are we in compliance if we calculate a flat amount based on the salary they are being paid in the […]


Ask the Expert: Are Airline Carriers Exempt from New Overtime Regs?

Question: We are an airline carrier covered under Title II of the Railway Labor Act. Are all of our employees exempt from FLSA? Or only certain employees performing non-exempt work? We have several exempt employees well below the $47,476 threshold set to take effect December 1. Do we have to pay them according to the […]