Practical HR Tips, News & Advice. Updated Daily.
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of Labor (DOL) announced that it would reinstate the use of Opinion Letters, an interpretive practice that had been replaced by the issuance of Administrator Interpretations during the Obama years.
The #MeToo movement has focused on sexual harassment in the workplace, but employers should be cognizant of another major gender issue that has been the focus of regulatory agencies in recent years—equal pay.
The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.
In 2017, 40.9 million Americans chose to work as independent contractors – about one third of the total U.S. workforce. By and large, these independent professionals work this way because they choose to do so. Their contributions – both to the workforce at large and to the American economy – are significant, about $1.2 trillion […]
It’s Monday morning, seven inches of snow have accumulated outside and the weatherman predicts another five to come. Do you shut down your business operations or require your employees to report to work? For many HR professionals, the above hypothetical has become a reality as the past several months brought snowstorms in the Midwest, nor’easters […]
The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently ruled that two welding inspectors who earned more than $100,000 a year may have been entitled to overtime pay under the Fair Labor Standards Act (FLSA).
Recently, the U.S. Department of Labor (DOL) announced that it was rescinding a guidance document on paying interns it issued in 2010. The former guidance suggested that employers need to apply a six-factor test to determine whether an intern must be paid.