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overtime

Machinist Contends That Race Was ‘Motivating Factor’ In His Unpaid Suspension

A machinist claims he was erroneously placed on an unpaid suspension due, in part, to race discrimination. His employer, meanwhile, attributed the suspension to a “bookkeeping” error following a change in its progressive discipline policy.

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When Calculating Overtime, Employers Can Exclude Meal Allowances

Payments provided to employees for food—as long as they are reasonable and for the employer’s benefit—do not need to be counted as wages when calculating overtime, a federal appeals court has ruled.

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Prorating Nonexempt Employees’ Salaries: Tips for Indiana Employers

by Tareen Zafrullah

Many exempt employees are salaried, and many nonexempt employees are hourly. Sometimes, however, an employer may have salaried nonexempt employees. This article explains whether an employer may prorate the salary of a salaried nonexempt employee who works less than 40 hours in a workweek under the federal Fair Labor Standards Act (FLSA).

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Beware Daylight Saving Compensation Pitfalls

When we turn our clocks back this weekend, employers need to be aware of the effect that the end of daylight saving time (DST) has on payroll.

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Tips for Making Changes Ahead of the New Overtime Rule

As of December 1, 2016, the changes to the Fair Labor Standards Act (FLSA) overtime exemptions will go into effect. The main change facing employers is the salary level required for an employee to be considered exempt. Previously, the minimum salary required to meet the exemption requirements for most white-collar exemptions was $455 per week. This amount was not tied to any benchmark and had not changed in years. Starting December 1, this amount changes to $913 per week to qualify for most exemptions. This new amount represents the 40th percentile of full-time salaried workers in the lowest-paid census region and will be adjusted every 3 years to continue to stay at that percentile.

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Tips to Not Lose an Employee Exemption

With the recently-announced rule change from the Department of Labor (DOL) updating the minimum salary requirement for employees to be classified as exempt, now is a great time to take a look at some tips for ensuring that no missteps are taken that might jeopardize that exemption.

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Who Can Recoup Attorney’s Fees Under California Wage and Hour Law?

California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.

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New Overtime Regs: Alert to California Employers

In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law.

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The DOL’s New Overtime Rule and Unintended Consequences

The U.S. Department of Labor (DOL) recently released a new rule that requires anyone who makes less than $47,476 annually to receive overtime pay. When a colleague suggested I consider this topic for my blog, I was reluctant. I’m not an expert on wage and hour issues. We have many people much more qualified than I to discuss the impact of the new rule. My second thought was that I don’t want to invite a DOL audit and all that comes with it. Yet here I am writing about it.

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Prepare Now for Upcoming FLSA Exemption Changes

As most of us are well aware, there are some upcoming changes to the Fair Labor Standards Act (FLSA) that will have an impact on millions of employers nationwide. Namely, the Department of Labor (DOL) is updating the requirements for employees to qualify for the “white collar” overtime exemptions.

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