Ask the Expert: Bonus Pay for Exempt Employee Who Works on Holiday
Can you pay an exempt employee a bonus for working on a company paid holiday?
Tag: wages
Overtime Calculation: Do You Have to Include Benefits Opt-Out Payments?
By BLR Editor Kate McGovern Tornone The 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations. In a case of first impression, the court ruled that when an employer pays an employee cash […]
Snapshot—5 Key Points on DOL’s New Overtime Regulations
By BLR Legal Editor Susan Prince, JD, M.S.L. The federal Department of Labor’s (DOL) overtime regulations were updated and modernized in May 2016. December 1, 2016, is the effective date of these regulations. The alarming wave of Fair Labor Standards Act (FLSA) enforcement activity shows a distinct trend and emphasis on FLSA and compensation-related lawsuits […]
Tips to Not Lose an Employee Exemption
With the recently-announced rule change from the Department of Labor (DOL) updating the minimum salary requirement for employees to be classified as exempt, now is a great time to take a look at some tips for ensuring that no missteps are taken that might jeopardize that exemption.
Court Clarifies Successor Liability Rule for Wages Owed by Predecessor
By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]
Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption
I have two questions regarding the salary threshold for exemption. 1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption? 2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does […]
California Employer Alert: Overtime Regulations May Impact ‘Gap’ Employees
By BLR Editor Kate McGovern Tornone In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law. California has its own […]
‘Double Recovery’ Exception Leaves Employee with No Overtime Pay
By Sarah Bowers, JD, Faegre Baker Daniels The Indiana Court of Appeals recently affirmed a lower court’s ruling that a former Ivy Tech Community College employee was not entitled to overtime under the Indiana Wage Payment Act (WPA) or the Indiana Minimum Wage Law (MWL).
EEOC Proposes Using EEO-1 Report to Collect Pay Data
By BLR Senior Legal Editor Susan Schoenfeld, JD The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) recently published a proposal to revise the Equal Opportunity Report (EEO-1) reporting form in order to annually collect summary pay data by gender, race, and ethnicity from businesses with 100 or more employees. A […]
Ask the Expert: Exempt Status of Teachers under New Overtime Regulations
We’re trying to verify that teachers are exempt when it comes to new overtime regulations? So we have a teaching fellow whose salary is $40k. Do we need to either raise it to $47,476 or start tracking hours?