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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 […]
On June 14, the U.S. Supreme Court agreed to decide an important Fair Labor Standards Act (FLSA) question—namely, whether an employer claiming an exemption from overtime needs to prove it by “clear and convincing” evidence (a very high standard) or by a preponderance of the evidence (a lower, easier standard to meet). The decision is […]
Question: What is considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date as well as time reviewing policies and procedures and completing training? Answer: Employee onboarding involves incorporating new employees into the organization by providing necessary knowledge and skills to succeed. As […]
Question: What’s considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training? Answer: Under the FLSA, employees must be compensated for all working time. Even if the employer didn’t specifically request that […]
Earlier this year the Department of Labor’s (DOL) Wage and Hour Division (WHD) released statistics on its child labor enforcement activity for 2023. Astonishingly, WHD found an 88% increase since 2019 in the unlawful employment of minors. As we head into the summer months when many employers hire minors, companies should be mindful of the Fair Labor […]
Over the past seven years, the U.S. Department of Labor (DOL) has attempted to increase the number of exempt employees who are eligible for overtime under the Fair Labor Standards Act (FLSA). On April 23, 2024, the DOL announced a final rule regarding the salary threshold required to exempt a salaried executive, administrative, or professional […]
A recent survey of U.S. employers found that 45% plan to cut out their bachelor’s degree requirements for some positions during 2024. That survey also found 55% of companies had removed degree requirements during 2023. Another telling statistic: Four in five of the employers surveyed said they value experience over education when they evaluate candidates […]
Question: An employee worked his entire 40 hours by Wednesday and has requested paid time off (PTO) for Thursday and Friday, bringing the week’s total hours worked to 56. Are we required to pay him for the additional requested time, considering he had already worked his 40 hours and our handbook says PTO is to […]
The U.S. Department of Labor (DOL) has published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA). The new rule requires an increase to the salary threshold for executive, administrative, and professional workers (EAP) and Highly Compensated Employees (HCE) to qualify for exemption from […]
The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]