Category: FLSA/Wages

The revision of FLSA and other wage and hour regulations presents a compliance challenge for companies nationwide. Employees once classified as exempt may be reclassified as hourly, and vice versa. Sometimes it’s in your company’s best interest to reclassify employees, but you need to be able to weigh the costs and benefits. We show you how, and give you valuable case studies and news updates on the wage and hour front.

Resolution of Wage Violations Not Necessarily Ensured Under DOL’s PAID Pilot Program

A new pilot program announced by the U.S. Department of Labor (DOL) in early March provides employers with renewed hope that the agency is changing its approach from strict regulatory enforcement to encouraging voluntary compliance and minimizing litigation. Employers, however, should proceed with caution before voluntarily disclosing possible violations of the Fair Labor Standards Act […]

bonus

Beware of Bonus Pitfalls: Overtime and Nonexempt Employees

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.

Pay Equity Laws 101

Providing equal pay for equal work to employees has been an ongoing concern for decades. Employers need to be particularly wary on this point because not only is pay discrimination illegal but also, it’s something that is subject to increased scrutiny right now, both in the media and by regulatory enforcement bodies like the Equal […]

travel time

Is Travel Time Compensable for Technicians Paid on an Hourly Basis?

As we previously reported, last week the U.S. Department of Labor (DOL) issued its first Opinion Letters in 9 years. Important questions were addressed regarding the interplay of the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) and the compensability of travel time for nonexempt employees. Part 2 of this […]

sales

Supreme Court Rejects Narrow Interpretation of FLSA in Overtime Case

The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.

interns

Federal Court Rejects Interns’ FLSA Claim Against Hearst

Recently, the U.S. Department of Labor (DOL) announced that it was rescinding a guidance document on paying interns it issued in 2010. The former guidance suggested that employers need to apply a six-factor test to determine whether an intern must be paid.