USDOL Releases New FLSA Poster
Employers must display a revised U.S. Labor Department poster relating to the federal Fair Labor Standards Act.
View Article"Wage Theft" Regulation Comes to New Hampshire
Those who employ workers in New Hampshire should be aware of the state's revised wage regulations.
View ArticleUSDOL's "Willful" Misdefinition
The U.S. Labor Department's final "Guidance" concerning President Obama's July 2014 "Fair Pay and Safe Workplaces" Executive Order suggests that the agency might be applying an improper standard in...
View ArticleNinth Circuit Stands By Tip-Pooling Restrictions
The Ninth Circuit has denied petitions for rehearing its opinion earlier this year holding that the U.S. Department of Labor could extend the FLSA's tip-pooling restrictions to instances where the...
View ArticleWhom Does USDOL's Salary Increase Not Affect?
There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic...
View Article2017 "Contractor Minimum Wage" Rate Released
The U.S. Labor Department has published the 2017 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658.
View ArticleFLSA "White Collar" Exemption Changes Challenged
Two suits have been filed challenging the U.S. Labor Department's impending increases to the dollar-amount thresholds for most of the federal Fair Labor Standards Act’s so-called "white collar"...
View ArticleKeep Calm And Carry On: Part 2
With only about 60 days to go, we continue to urge employers to move forward with their final preparations for the increased dollar-amount thresholds under the federal Fair Labor Standards Act's...
View ArticleTolerating Poor Performance Can Bolster Exemption Challenges
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
View ArticleTransitioning To The New "Highly Compensated" Threshold
Employers who are currently relying upon a "highly compensated" version of the FLSA's white-collar exemptions should carefully consider the 2016/2017 transitional implications of the higher "total...
View ArticleUSDOL "Fact Sheets" Are Not The Law
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the...
View Article"Including" Overtime: Don't Be Misled By USDOL's Example
"Guidance" offered by the U.S. Labor Department appears to be misleading employers into thinking that they can comply with the FLSA's overtime requirements by paying a "fixed salary" that "includes"...
View ArticleFLSA Exemption Changes: Do The Election Results Mean, "Never Mind"?
Donald Trump's election does not mean that employers may now ignore the coming changes in the federal Fair Labor Standards Act's "white collar" definitions.
View ArticleResponding To New FLSA Exemption Requirements Could Implicate Old South...
South Carolina employers' preparations for changes in the FLSA's "white collar" exemption regulations must take into account the state's law requiring advance notice of modifications in an employee's...
View Article"Fixed Salaries" And FLSA Overtime: Another Misguidance Alert
Notwithstanding incomplete or over-simplified U.S. Department of Labor "guidance", employers should recognize that the FLSA overtime regular rate will almost always vary as the overtime hours worked in...
View ArticleFLSA Salary Changes Halted For Now
Care and reflection are essential in deciding what to do in light of yesterday's ruling halting the salary-related "white collar" exemption changes.
View ArticleUSDOL Appeals Last Week's Exemption Ruling
The U.S. Department of Labor has appealed last week's court order that prevented the salary-related changes in the FLSA's "white collar" exemptions from taking effect today.
View ArticleA Partial FLSA Wish List
Perhaps the conditions are right for a coalition drawn from employees, employers, and government representatives to wrestle the FLSA into the 21st century.
View ArticleUSDOL's Liquidated-Damages "Policy" Remains Obscure
The U.S. Department of Labor's internal "policy" regarding FLSA liquidated damages remains unclear and undisclosed.
View ArticleEstablishing "Workweeks" For Exempt Employees
Employers are required to select and document at least one "workweek" that will apply to employees treated as falling within some FLSA exemptions.
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