Question: We have some employees that are exempt and are on salary being paid a commission. If these employees work on a Sunday that is a holiday how should they be paid for that time? Are we in compliance if we calculate a flat amount based on the salary they are being paid in the […]
On procedural grounds, a federal appeals court rejected a lawsuit from the U.S. Equal Employment Opportunity Commission (EEOC) against an employer that had conditioned health coverage on participation in a wellness program.
Effective January 1, 2017, the Internal Revenue Service (IRS) is providing an exemption from a user fee for some small-employer benefit plans seeking a determination letter about their qualified status.
Question: We are an airline carrier covered under Title II of the Railway Labor Act. Are all of our employees exempt from FLSA? Or only certain employees performing non-exempt work? We have several exempt employees well below the $47,476 threshold set to take effect December 1. Do we have to pay them according to the […]
Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes. Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount. How are most companies handling the individuals who […]
By Susan G. Fentin, Skoler, Abbott & Presser, P.C In another of what promises to be a long line of cases in which courts consider whether working managers have been properly classified as exempt from overtime under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, […]
By Susan Prince, JD, M.S.L., Legal Editor In light of the Department of Labor’s (DOL) final overtime regulations under the Fair Labor Standards Act (FLSA), a formal compensation administration program is an important management tool for ensuring that employees are satisfied, that both internal and external equity are maintained, and that control is maintained over […]
By Kate McGovern Tornone, Editor The U.S. Department of Labor (DOL) did not properly explain a regulatory change made in 2011, the U.S. Supreme Court has determined. The department issued regulations exempting car dealership “service advisors” from the Fair Labor Standards Act’s (FLSA’s) overtime requirements but those rules were not properly issued and therefore are […]
By Arris Reddick Murphy, FedEx Corp. The U.S. Department of Labor’s (DOL’s) much-discussed final rule on overtime pay announced in May focuses primarily on updating the salary and compensation levels needed for executive, administrative, and professional (EAP) workers to be classified as exempt. But it may have implications for some of these workers’ 401(k) retirement […]
By Kate McGovern Tornone, Editor David Weil, administrator of the U.S. Department of Labor’s Wage and Hour Division, told attendees at the Society for Human Resource Management’s annual conference that the new overtime regulations are here to stay.