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The U.S. Labor Department is seeking an additional $6.4 million in fiscal year 2013 for increased enforcement of the Fair Labor Standards Act and the Family Medical Leave Act, according to testimony by Labor Sec. Hilda Solis. “As we continue to recover from one of the worst economic crises in three generations, it is especially […]
By Arthur Silbergeld, Esq. Anyone who works on a computer knows the sinking feeling that comes with hitting that nasty combination of keystrokes causing your machine to freeze. The fact that many companies now keep IT staff available around the clock just to help frantic employees get their misbehaving computers working, retrieve lost documents and […]
Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]
Employers should take note: more of their employees are coming to and going from the office via public transportation. That’s more than an interesting statistic — it has implications for employers. Employees who take public transportation to work may benefit from a tax break, but only if their employer sponsors a qualified transportation fringe benefit […]
The FLSA provides for several narrow exemptions from the requirement that bonuses be included in an employee’s regular rate of pay. The onus is on the employer to prove that a payment meets one of the exemption requirements. The exemptions include: Gifts, or payments in the nature of gifts, made at Christmas time or on […]
Bonuses Included in Overtime Calculations? Under the federal Fair Labor Standards Act (FLSA), bonus payments are divided into discretionary and nondiscretionary types. Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]
The Labor Department has extended the comment period for its proposed rule to provide minimum wage and overtime protections for in-home companions by nine days, the agency announced in a March 9 release. The division published a notice of proposed rulemaking in the Federal Register on Dec. 27, 2011, with a comment period originally set […]
Perhaps at the beginning of 2008, says Parikh, director of product marketing at compensation software development company Callidus (www.calliduscloud.com), you developed your strategy for increasing productivity. Maybe you decided to expand incentive compensation to employees other than sales staff and executives; after all, the trend is toward more incentive compensation, rather than less. You set […]
Two former interns recently sued the producer of the Oscar-winning film “Black Swan” for minimum wage and overtime law violations, hitting headlines nationwide. The case is a good illustration of some of the inherent dangers of taking on interns.
As the Department of Labor’s Wage and Hour Division steps up enforcement initiatives, the need for employers to monitor their wage and hour practices is growing. Speaking at the Society for Human Resource Management’s 2012 Employment Law and Legislative Conference March 5, Tammy McCutchen of Littler Mendelson in Washington, a former Bush appointee at DOL, […]