Job descriptions are important for several reasons, including providing evidence of the exempt nature of positions classified as exempt under the federal Fair Labor Standards Act (FLSA). This article discusses ways of emphasizing the “exemptness” of positions classified as exempt under the FLSA’s executive and the administrative exemptions.
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 […]
You may have seen the recent Department of Labor (DOL) announcement that the Payroll Audit Independent Determination (PAID) Program has been extended by an additional 6 months. If you saw that and hadn’t already heard of this program, it may have you wondering what it is and whether it might be something your organization would […]
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 […]
The 2017 Restaurant Management Salary Survey Report, the third annual report from Gecko Hospitality, the largest hospitality recruiter in the United States, finds the gender pay gap is still widespread, with starting pay and bonuses for men considerably higher than for women.
The conversation about pay parity, encouraged by the entertainment industry, appears to have impacted other industries as well.
Employers’ failure to properly factor bonus payments into overtime is probably the most common wage and hour compliance error I see, including among employers that have experienced HR personnel who are knowledgeable about the requirements of the Fair Labor Standards Act (FLSA). Failure to factor these payments into overtime is also really difficult to defend because the law on this point (unlike for some FLSA issues) is pretty clear.
Providing equal pay for equal work to employees has been an ongoing concern for decades. Employers need to be particularly wary on this point because not only is pay discrimination illegal but also, it’s something that is subject to increased scrutiny right now, both in the media and by regulatory enforcement bodies like the Equal […]
As we previously reported, last week the U.S. Department of Labor (DOL) issued its first Opinion Letters in 9 years. Important questions were addressed regarding the interplay of the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA) and the compensability of travel time for nonexempt employees. Part 2 of this […]
As we previously reported, last June the U.S. Department of Labor (DOL) announced that it would reinstate the use of Opinion Letters, an interpretive practice that had been replaced by the issuance of Administrator Interpretations during the Obama years.