To properly calculate the overtime rate for a non-exempt employee, employers must first calculate the “regular rate of pay.” Under federal law, and the laws of most states, the regular rate is determined by dividing the...more
In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as...more
On August 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track...more
8/25/2020
/ Actual or Constructive Knowledge ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
New Guidance ,
Non-Exempt Employees ,
Recordkeeping Requirements ,
Remote Working ,
Reporting Requirements ,
Wage & Hour Division (WHD) ,
Wage and Hour
On January 1, 2020, the new federal overtime rule takes effect. Other than in states with already-higher minimum salaries for exemption (which include California and, for certain types of employees, New York), employers will...more
9/26/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line....more
9/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
It’s here. The U.S. Department of Labor’s Wage and Hour Division unveiled its proposed new overtime rule today. We skipped the 200-plus pages of preamble and jumped right to the proposed regulatory amendments themselves...more
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2018. ...more
As Hurricane Florence makes landfall in the Carolinas, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical scenarios that...more
9/17/2018
/ Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employer Rights ,
Exempt-Employees ,
Flooding ,
Hurricane Florence ,
Local Ordinance ,
Natural Disasters ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Salaried Employees ,
Severe Weather ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour
It’s that time of year again! New York State’s annual threshold increases for overtime exemption and minimum wage go into effect on December 31, 2017....more
As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical...more
8/30/2017
/ Collective Bargaining Agreements (CBA) ,
Document Destruction ,
Donations ,
Employee Handbooks ,
Exempt-Employees ,
Force Majeure Clause ,
Hurricane Harvey ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Payroll Records ,
Severe Weather ,
State Labor Laws ,
State of Emergency ,
Unpaid Leave ,
Vacation Pay ,
Wage and Hour
The U.S. Department of Labor has announced that on Wednesday, July 26, 2017, it will formally seek public comment on the overtime rule by publishing a Request for Information (RFI)....more
With winter storms around the corner, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. We discuss below some typical scenarios that you are...more
12/21/2016
/ Commute Time ,
Document Destruction ,
Exempt-Employees ,
Military Service Members ,
Non-Exempt Employees ,
Paid Time Off (PTO) ,
Payroll Records ,
Severe Weather ,
State of Emergency ,
Vacation Pay ,
Wage and Hour
The new overtime rules—requiring a minimum weekly salary of $913 ($47,476 annually) for most exempt executive, administrative, or professional employees—are scheduled to take effect on December 1....more
Barring something completely unexpected, the new overtime rules—effectively setting a federal minimum wage of $913 per week ($47,476 per year) for most exempt executive, administrative, or professional employees—will take...more
10/12/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On December 1, 2016, the annual cost of classifying most executive, administrative, or professional employees as “exempt” from the overtime rules more than doubles ($23,660 to $47,476). Is your company ready for this change?...more
8/24/2016
/ Bonuses ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Sales Commissions ,
Standard Duties Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions