| Wednesday, September 7th, 2016
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).
| Wednesday, September 7th, 2016
A recent report has shown that many employers are unprepared for the new overtime regulations scheduled to take place on December 1.
| Thursday, September 1st, 2016
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.
| Wednesday, August 31st, 2016
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
| Tuesday, August 30th, 2016
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.
| Friday, July 22nd, 2016
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.
| Tuesday, July 19th, 2016
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.
| Tuesday, June 28th, 2016
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.
| Tuesday, June 21st, 2016
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?
| Tuesday, June 14th, 2016
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).