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The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that employees were sometimes exempt from receiving overtime but were not exempt other times. The deciding factor was a very slight difference between the discretionary authority exercised in each role.
Employers’ failure to properly factor bonus payments into overtime is probably the most common wage and hour compliance error I see, including among employers that have experienced HR personnel who are knowledgeable about the requirements of the Fair Labor Standards Act (FLSA). Failure to factor these payments into overtime is also really difficult to defend because the law on this point (unlike for some FLSA issues) is pretty clear.
We currently have multiple salaried, nonexempt employees in our office. They are never required to work overtime, however, I want to ensure that we are following the correct protocol and are protected given the recent changes to the FLSA. Should these employees be entering/submitting hours each week even though they are paid on a salaried […]
We have both a construction staff and an office staff, and we’re trying to put together a policy for paying employees in the event of an emergency. What happens if the construction staff needs to be sent home during inclement weather or the office staff and upper management can’t work because their computers are down? […]
Our VP of HR wants me to evaluate whether we should consider applying “salaried nonexempt” status to some of our nonexempt employees. I’m having trouble nailing down exactly why a company would choose to do this, and also, how it would work. I understand that the employees still get overtime, so what’s the point? — […]
The U.S. Supreme Court recently ruled that a daily-rate worker who earned over $200,000 annually wasn’t exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In an opinion authored by Justice Elena Kagan, the Court held that compensation based on a daily rate didn’t satisfy the “salary basis test,” which is required for an employee to […]
New federal protections will soon take effect for employees who are expecting mothers and nursing mothers. Employees may seek relief for lost wages, reinstatement, and other legal remedies under the Providing Urgent Maternal Protections for Nursing Mothers Act (the PUMP Act) and the Pregnant Workers Fairness Act (PWFA), which become effective April 28, 2023, and […]
The recently enacted Consolidation Appropriations Act of 2023 (H.R. 2617) included two provisions for pregnant and nursing mothers.
In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding an employer’s ability to require workers to work overtime. Let’s hear what our team of HR experts have to say! Q: Can employees be mandated to […]
We visit the doctor and the optometrist once a year and our dentists at least twice a year. Why? We attend the appointments not because they’re necessarily fun but because they’re vital for maintaining good health and wellness. They provide assurance that if things aren’t so good, we have the chance to correct course. All […]