Search Results for: flsa

DOL Publishes Final Rule Regarding Independent Contractor Classification Under FLSA

Recently, the U.S. Department of Labor (DOL) issued its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA). This new rule, effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule (2021 IC Rule). The 2021 […]

Cracking the Code: Adding Bonuses to FLSA Overtime Calculations

The Fair Labor Standards Act (FLSA) requires employers to pay overtime to nonexempt employees based on their regular pay rate and the number of hours worked in a workweek. While this sounds straightforward on paper, employers commonly fail to realize that nondiscretionary bonus payments must be included in calculating the regular pay rate and, ultimately, […]

3-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

On May 19, 2023, the 6th Circuit Court of Appeals issued a decision creating a three-way split among federal courts on the handling of collective actions filed under the Fair Labor Standards Act (FLSA). In deciding whether and when current and former employees receive notice of a collective action, the 6th Circuit created a new […]

DOL Guidance Spotlights FLSA, FMLA, and Visa Program Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]

You’re Getting a Raise! DOL Again Looks to Hike FLSA Salary Threshold

In September 2019, the U.S. Department of Labor (DOL) expanded the Fair Labor Standards Act’s (FLSA) overtime coverage to more than one million workers. In response, employers everywhere readied themselves for a potentially seismic shift. Calls to legal counsel, workforce audits, and wage adjustments ensued to make sure workers were properly classified. Soon, it may […]

FLSA

Staffing Firms Gain Extra FLSA Overtime Protection

Temporary staffing firms may qualify as “retail or service establishments” and therefore may be able to apply the Fair Labor Standards Act’s (FLSA) “retail sales” overtime exemption to some of their employees, according to a recent opinion letter from the U.S. Department of Labor (DOL).

FLSA

One Thing May Lead to Another: COVID-19 Leave Claims and FLSA Collective Actions

An Ohio employee sued his employer for allegedly denying his request for paid COVID-19 leave when his doctor advised him to self-quarantine. His complaint also included a Fair Labor Standards Act (FLSA) collective action for wage and hour violations—highlighting a growing trend that presents a potential pitfall for employers.

FLSA

Who Is NOT Covered by the FLSA?

The Fair Labor Standards Act (FLSA) mandates the federal minimum wage level and requirement to pay employees overtime for hours in excess of 40 per workweek. While there are many more components to the FLSA, these are two that tend to get a lot of attention.

FLSA

FLSA Exemptions 101

Do you know which of your employees are exempt from the Fair Labor Standards Act (FLSA) overtime pay requirement? Have you recently done an exemption audit to ensure all employees who are classified as exempt still meet the requirements?