Tag: Fair Labor Standards Act (FLSA)

U.S. Department of Labor Implements New Independent Contractor Rule

On January 10, 2024, the U.S. Department of Labor (DOL)published a new final rule revising its guidance on independent contractor classifications under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the final rule rescinded a rule from 2021 and implemented a new test for determining whether a worker is an employee or an […]

Take Steps to Mitigate AI Risks in HR

According to the Equal Employment Opportunity Commission (EEOC), nearly 8% of employers use artificial intelligence (AI) technology to make employment decisions. The prevalence of AI technology in the employment arena shouldn’t surprise HR professionals with long to-do lists. AI can assist with résumé reviews, training, and employee evaluations. While AI can be a powerful tool, it can […]

Federal Court Blocks Controversial New U.S. Department of Labor Rule Requiring Substantial Increases in Exempt Employees’ Salaries

On November 15, 2024, in a significant ruling that will impact employers across the nation, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL) new rule that would have required employers to increase the salary-basis threshold under the Fair Labor Standards Act (FLSA). In light of […]

In Colorado, Holiday Incentive Pay Must Be Included When Calculating Regular Rate

On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter) asked the Colorado Supreme Court to clarify whether holiday incentive pay must be included when calculating an employee’s […]

Ask the Expert: Are There Exceptions to State Meal Break Requirements?

Question: Are there any exceptions to meal and rest break requirements, and are there meal penalties for not allowing staff to take proper breaks? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Answer: This question is mainly controlled by state law. Federal law, for its part, […]

EntertainHR: Mr. Monk Doesn’t Pay His Employee

There is something interesting about watching an old, beloved show for the first time years after the release of its final season. You miss the excitement of watching new episodes contemporaneously with other fans. But if the show you’ve chosen months or years after the fact is indeed worth watching, you should enjoy it just […]

Mayfield Ruling Highlights Overtime Exemption Pitfalls: What HR Needs to Know 

Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]

money in briefcase

Ask the Expert: Can Employees Be Held Legally Accountable for Paying Overpaid Wages Back?

Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]

When Using AI at Work, Be Sure to Avoid Wage and Hour Claims

Employers are looking to save time and money and are turning to artificial intelligence (AI) to make employment practices more efficient. In early 2024, the U.S. Department of Labor (DOL) issued guidance to help employers navigate the use of AI. The takeaway is that eliminating humans from critical employment processes could result in a violation […]

Know When a New Hire’s Work Is Considered Compensable Under FLSA

Hiring a new employee takes time—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training. But how much of that time is considered compensable under the Fair Labor Standards Act (FLSA)? Orientation and Onboarding The FLSA generally counts a new hire’s time spent in orientation […]