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FLSA

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.

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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.

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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.

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Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption

I have two questions regarding the salary threshold for exemption.  1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption?

2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does the company have to add a catch-up payment to get the employee up to the salary threshold for exemption, even though FMLA is unpaid?

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‘Double Recovery’ Exception Leaves Employee with No Overtime Pay

By Sarah Bowers, JD, Faegre Baker Daniels

The Indiana Court of Appeals recently affirmed a lower court’s ruling that a former Ivy Tech Community College employee was not entitled to overtime under the Indiana Wage Payment Act (WPA) or the Indiana Minimum Wage Law (MWL).

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Ask the Expert: Part-Time Employees and the New Overtime Rule

Regarding the new overtime rule and the minimum salary threshold for exempt status—how does it treat part-time employees who are currently exempt? For example, if a part-time worker in an exempt position making is $30k annually, but the full-time  equivalent is $60k, do they meet the requirement?

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From Exempt to Nonexempt: A Guide

With the release of the Department of Labor’s (DOL) final overtime regulations, employers and Human Resources (HR) professionals will not only be dealing with the dollars and cents of shifting numerous employees from the exempt to nonexempt categories under the Fair Labor Standards Act (FLSA) but also be tasked with bolstering employee morale and handling various emotions about the changes.

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Final Overtime Regs: What You Need To Know (Video)

Final Overtime Regs

In this video, BLR Legal Editor Susan Prince, JD, MSL, provides employers with what they need to know about the final overtime regulations.

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Ask the Expert: Can this Exempt Employee Be Paid Hourly?

We are a staffing company that employs W-2 contractors. We are trying to determine exempt vs. nonexempt status for an employee. The job is a Senior Systems Engineer. Utilizing an FLSA checklist, he meets the criteria for an exempt employee. However, he is not a salaried employee. Does the fact that he is paid hourly automatically place him in the non-exempt category?

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DOL’s Final Overtime Rules Coming Any Day Now

By BLR Legal Editor Susan Prince, JD

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