Report: New DOL Overtime Rule Heading to White House for Final Review
The Department of Labor (DOL) proposed overtime rule is being sent to the White House this week–as early as today–for final approval, according to a report by Bloomberg Law.
Tag: Fair Labor Standards Act (FLSA)
Promoting Employer-Sponsored Volunteering Without Running Afoul of FLSA
Volunteering is an effective way for organizations to maximize their impact on the community while minimizing costs. In recent years, as corporate social responsibility has received increased attention in academia and from the media, corporations have begun to play a larger role in global, national, and local efforts to remedy broader societal issues. Corporate volunteering […]
Should a Nonexempt Employee Be Salaried?
Most employers know that any employee who qualifies as exempt from overtime under the Fair Labor Standards Act (FLSA) must be paid on a salaried basis. Being paid on a salaried basis means that at least the minimum agreed salary for the week is paid, even if the number of hours worked may fluctuate. And […]
I’m With the Government, and I’m Here to Help
The U.S. Department of Labor (DOL) recently updated its annual statistics that reflect the volume of back wages collected through compliance audits. The figures provide a clear reminder that while the Trump administration is widely viewed as more employer-friendly than the Obama administration, enforcing the Fair Labor Standards Act (FLSA) is still front and center […]
Cautionary Tale from California: Don’t Presume State Courts Will Follow Federal Guidance
The California Supreme Court recently made national headlines when it declined to follow—strictly as a matter of policy—70-year-old precedent from the U.S. Supreme Court on the Fair Labor Standards Act (FLSA) in a case interpreting the state’s comparable wage regulations. To be sure, the policy goals and judicial philosophies of California and other parts of […]
Resolution of Wage Violations Not Necessarily Ensured Under DOL’s PAID Pilot Program
A new pilot program announced by the U.S. Department of Labor (DOL) in early March provides employers with renewed hope that the agency is changing its approach from strict regulatory enforcement to encouraging voluntary compliance and minimizing litigation. Employers, however, should proceed with caution before voluntarily disclosing possible violations of the Fair Labor Standards Act […]
Office politics: preventing disruptive discourse
by David L. Johnson Recently, a Pennsylvania YMCA stopped showing cable news shows on the TVs in its gym because they were prompting political squabbles among its members. When filtered into the diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues for employers. Sometimes political discussions can morph […]
HR Issues that Arise when Natural Disasters Hit
Natural disasters raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel […]
Avoid singing the blues: how employers can mitigate wage/hour liability
In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent lawsuits involved famous singers. First, Lady Gaga had a lawsuit brought against her by her former personal assistant, Jennifer […]
Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it
By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter. This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may have—I have two children under […]