Question: An employee works on a boat (manual labor so does not meet job duties tests) that goes out for days at a time. He essentially “lives” on the boat while out at sea. How do we determine his “hours worked” in order to be compliant with the FLSA?
By Bonnie M. Boryca
The Fair Labor Standards Act (FLSA) requires employers to pay minimum wage and overtime to nonexempt employees. Most employers are familiar with the Act’s exemptions for executive, administrative, professional, computer, and outside sales employees. The particulars of the exemptions are set forth in U.S. Department of Labor (DOL) regulations, and deciding whether an exemption applies to a certain job can be very fact-intensive.
Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes. Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount. How are most companies handling the individuals who are already making that amount? For example, it doesn’t seem good for morale or even ethical to have two employees making the same amount when one has been here less than a year and another who has been there 3-4 years.
Question: All of our restaurant and kitchen managers are paid a salaried wage (based on experience), and have similar job requirements. With the new overtime regulations (FLSA exemption requirements) headed our way in December, we are going to switch our newer, less experienced (lower paid) managers to hourly management. Can their job descriptions remain the same, just with the hourly vs. salaried title?
By Peter Susser and George Wood, Littler Mendelson, P.C.
You have spent weeks agonizing over the Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime rule, ultimately determining that you will need to move a number of employees from exempt to nonexempt status to remain complaint. Feeling good about your work, you kick back to enjoy your newfound leisure time, only to wonder: “How does the change in FLSA status for these employees affect their FMLA leave usage rights? For example, once these employees become nonexempt, how do I calculate their FMLA entitlement for intermittent leaves?”
By David Slaughter, JD, Senior Legal Editor
Maximum penalties for violating many employment and benefits laws were increased, some of them substantially, by the U.S. Department of Labor (DOL) in a departmentwide rule published July 1 (81 Fed. Reg. 43429).