The fundamental premise of the Fair Labor Standards Act (FLSA) is that all employees are covered by its base requirements. This includes being paid minimum wage for every hour worked and time and one-half for all overtime. The FLSA is a statute of inclusion, which means all employees are covered unless they fit within specific, […]
Tag: Department of Labor
The past few years have heightened feelings of stress and isolation for many people, and with the seemingly continuous news cycle of incidents of mass violence, mental health has taken a much-needed place in the forefront of the national conversation. Recently, the U.S. Department of Labor (DOL) reminded employers that mental health affects both employees […]
There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]
In times of short staffing, it’s important to remember exempt employees may lose their exempt status if they spend too much time performing nonexempt work. A recent ruling by the U.S. District Court for the District of Minnesota serves as a stark reminder that exempt employees may perform nonexempt work but only if their primary […]
A Georgia employer recently created more than just a social media buzz with its chosen method of distributing an employee’s final paycheck.
New disclosure requirements should bring more transparency to the health plan side of employee benefits and allow plan fiduciaries to know and understand all the ways, direct and indirect, everyone is getting paid. The changes will help the fiduciaries to identify and assess possible conflicts of interest.
Lawmakers and courts continued to demonstrate hostility toward noncompete and no-hire agreements in 2021. The activity underscores employers’ need to stay current on the diverse state-specific limitations governing restrictive covenants, new federal activity in the area, and ongoing case law developments.
The regional director for the Wage and Hour Division (WHD) of the Department of Labor (DOL) has recently underscored the compliance obstacle that continues to confound employers: whether to include bonuses in the “regular rate” when calculating the overtime pay rate for nonexempt employees. Nondiscretionary bonuses must be considered when determining the regular pay rate, […]
An announcement from three federal agencies that they are aligning to protect employees who try to exercise their rights in the workplace means employers need to be especially on guard against actions that may be seen as unlawful retaliation.
When President Joe Biden recently announced a six-pronged strategy to contain COVID-19’s spread, one of the most notable measures was a vaccination and/or weekly testing mandate affecting employers and employees nationwide. We still don’t know many details, but here are answers to some of the most common questions we’ve received since the mandates were announced. […]