Practical HR Tips, News & Advice. Updated Daily.
By Dennis J. Merley Calculating and counting an employee’s 12 weeks of Family and Medical Leave Act (FMLA) leave is usually a pretty clear-cut matter. However, the math can get complicated when the employee regularly works overtime and has to miss some of the extra shifts because of intermittent FMLA leave.
Every employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. Under the federal Department of Labor’s (DOL) final overtime regulations, employees who currently earn more than $455 per week ($23,660 annually), but less than $913 per week ($47,476 annually), need to be reclassified as nonexempt by […]
Question: All of our restaurant and kitchen managers are paid a salaried wage (based on experience), and have similar job requirements. With the new overtime regulations (FLSA exemption requirements) headed our way in December, we are going to switch our newer, less experienced (lower paid) managers to hourly management. Can their job descriptions remain the […]
By Kevin C. McCormick, Whiteford, Taylor & Preston LLP In a recent unpublished decision, the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—held that several employees who worked for an American company overseas were properly classified as hourly employees despite some confusion about the offer letters describing their compensation.
BLR®’s FLSA New Overtime Regulations Survey has just closed today, and the results are a little surprising. For example, with less than one month to go before the new overtime regulations, our survey has found that over half (53.1%) of respondents have not informed their workers about the change in overtime laws.
By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.
The new federal overtime rules, the misclassification of employees, and recordkeeping are among the top five wage and hour risks employers in California face, according to California attorney Marc Jacuzzi of the law firm Simpson, Garrity, Innes & Jacuzzi, PC.
By Megan Walker, Fisher Phillips The Federal Equal Pay Act was signed into law by President John F. Kennedy in 1963. Fifty-three years later, lawmakers across the U.S. are still searching for ways to narrow the pay gap between men and women. The Foundation: The Equal Pay Act of 1963 and Title VII of the […]
Three-quarters of Americans (75%) are living paycheck-to-paycheck to make ends meet, according to a survey from CareerBuilder. Thirty-eight percent of employees said they sometimes live paycheck-to-paycheck, 15% said they usually do and 23% said they always do.
By Kevin C. McCormick The U.S. Court of Appeals for the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—recently held that a group of exotic dancers are employees under the Fair Labor Standards Act (FLSA), not independent contractors. Consequently, the dancers are entitled to minimum wage for all hours they work […]