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Supreme Court Won’t Review FLSA Whistleblower Case

The U.S. Supreme Court has announced that it will not review an appeals court ruling that a wage and hour complaint lodged by a human resources director can be “protected activity” under the Fair Labor Standards Act (FLSA) as long as he or she is not responsible for compliance with the law.


FMLA Implications of the New FLSA Overtime Rule

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?”


ERISA, FLSA, FMLA Penalties Increased by DOL Rule

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).


Many Employers Unprepared for New Overtime Regs

A recent report has shown that many employers are unprepared for the new overtime regulations scheduled to take place on December 1.


Don’t Get Hamstrung by the Law: A Legal Look at FLSA Exemptions

Yesterday we looked at expert Kara Shea’s advice concerning FLSA exemptions and audits. Today we’ll take a look at what she has to say about legal considerations on this matter.


Do You Understand FLSA Exemptions? This Might Help

How do you understand FLSA exemptions? Do you look at it as a matter of risk assessment? According to expert Kara Shea, there is a lot you can do to make sense out of this complex issue.


Ask the Expert: New FLSA Overtime Regs and Car Sales Employees

I am wondering how we will change our car sales employees under the new FLSA overtime regs. They currently receive a draw of $18,000 + commissions and they’re exempt. Does this mean our only option is to make them nonexempt and start having them clock in? We cannot provide a base draw of the new threshold of $47,476 per year. With commissions, they usually make over this threshold though.


Benefits Issues Joining the Overtime Melee

The 9th U.S. Circuit Court of Appeals—which covers California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations.


No Supreme Court Review of DOL’s FLSA Home Care Rule

By Kate McGovern Tornone, Editor

The U.S. Supreme Court has chosen not to review the decision of the D.C. Circuit Court of Appeals regarding U.S. Department of Labor’s (DOL) regulations that expand Fair Labor Standards Act (FLSA) protections for home care workers.


Overtime Calculation: Do You Have to Include Benefits Opt-Out Payments?

By BLR Editor Kate McGovern Tornone

The 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations. In a  case of first impression, the court ruled that when an employer pays an employee cash for opting out of its health insurance, that payment must be considered part of the employee’s “regular rate of pay” under the Fair Labor Standards Act. This means it must be used in calculating compensation for overtime hours.