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 […]
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 […]
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 additional non-exempt compensation for an employee who recently moved into an exempt position. Q: We have a non-exempt employee who recently accepted an exempt position with our […]
by Charles H. Kaplan, Sills Cummis & Gross P.C. Employers in New York must increase the salaries of exempt executive and administrative employees by December 31 to meet the requirements of recently adopted regulations. Employers also must decide whether to increase exempt employees’ salaries each year to match annual increases required by the new regulations.
Question: I understand with the new FLSA regulations that “An employer may require an exempt employee to work more than 40 hours in a workweek without having to pay a premium for overtime hours.” Most of our employees are exempt, but currently we give them the option to be paid straight time for hours worked […]
We have an employee who works for two different companies with separate EINs (Employee Identification Numbers) but under common management–i.e. the same parent company–for insurance purposes. Can a combination of both salaries the employee earns be used to meet the exemption salary threshold requirements under the new overtime rule? The employee earns $30k at each […]
I am wondering how we will change our car sales employees under the new FLSA overtime regs. They currently receive a draw of $18,000 + commissions and they’re exempt. Does this mean our only option is to make them nonexempt and start having them clock in? We cannot provide a base draw of the new […]
By Kate McGovern Tornone, Editor Employers should make any necessary changes to employees’ exemptions before the workweek that includes December 1, according to a former administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD).
By Holly Jones, JD, BLR Senior Legal Editor Question: In preparation for the new regulations coming on December 1, we’d like to conduct a comprehensive Fair Labor Standards Act (FLSA) audit of all of our positions. We expect that some positions will be reclassified based on salary threshold, but we may also have some positions […]
By Susan Prince, JD, M.S.L., Legal Editor The federal Department of Labor (DOL) is releasing the final changes to the overtime regulations. The most prominent change is the increase in the salary level required for exemption from overtime to an annual salary of $47,476. This translates to a weekly salary of $913.