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U.S. Labor Department Issues Final Rule on Overtime Pay Exclusions

Employees subject to the overtime provisions of the Fair Labor Standards Act must pay time and one-half the employee’s regular rate of pay for hours worked over 40 in a given week. As employers began offering new perks to...more

U.S. Labor Department Proposes Rules on Bonus Pay for Fluctuating Workweeks

Last Monday, the U.S. Department of Labor’s Wage and Hour Division issued proposed regulations that would clarify employers’ use of incentive pay under the fluctuating workweek (FWW) pay method. FWW is an alternative pay plan...more

U.S. Labor Department Proposes Rules to Expand Use of Tip Pools

Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the...more

Salary Increase for White-Collar Overtime Exemption Takes Effect January 1

Last week, the U.S. Department of Labor’s Wage and Hour Division adopted final regulations revising the salary requirements for employers that claim the executive, administrative, or professional exemptions from the minimum...more

Bonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes

Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating...more

How Downsizing or Restructuring Can Impact the Executive Overtime Exemption

In recent months, we have had several situations where clients were assessed back wages for overtime relating to misclassification of managerial employees. Under 29 C.F.R. §541.104, employees eligible for the executive...more

Truckers' Off-Duty Sleeping Time Not Compensable Under FLSA

Interstate truck drivers are generally exempt from the overtime requirements of the Fair Labor Standards Act. However, this statutory exemption does not apply to minimum wage obligations, and employers are therefore required...more

Employers Consider Switching Exempt Employees to Non-Exempt to Avoid Legal Risks

Over the past decade, EmployNews has chronicled waves of class and collective action litigation based on claims that employees have been misclassified as exempt from the overtime requirements of the Fair Labor Standards Act....more

U.S. Labor Department Says Health Care Hours Rule Applies to a Range of Facilities

A special provision of the Fair Labor Standards Act allows hospitals and other health care institutions to average employee hours over a 14-day period instead of the usual single workweek overtime basis. Last week, the...more

U.S. Labor Department Proposes Update to ‘Regular Rate' Definition

Human resources professionals’ eyes sometimes start to glaze over when the discussion turns to technical definitions of overtime calculations. However, the meaning of the term “regular rate” under the Fair Labor Standards Act...more

DOL Issues Opinion Letters on Extra FMLA Leave and Community Service as Working Time

The Department of Labor’s decision to again issue opinion letters in response to employer questions has resulted in some interesting agency positions. Two recent letters address unusual situations not accounted for in federal...more

Proposed Overtime Exemption Rules Allow Use for Bonuses or Commissions for 10% of Minimum Salary

Last week, we reported on new proposed Department of Labor regulations that would raise the minimum salary for claiming the “white collar” overtime exemptions to $35,308 per year. In addition to the new salary level, the...more

U.S. Labor Department Issues Guidance on Sub-Minimum Wage Requirements for Tipped Employees

Last year, the Department of Labor’s Wage and Hour Division clarified its position regarding work by tipped employees that allows the employer to claim the employee’s tips in order to constitute the full federal minimum wage....more

U.S. Labor Department Proposes Minimum Salary for White Collar Overtime Exemptions

On Thursday, the federal Department of Labor released long-awaited proposed regulations that would replace Obama-era increases to the salary level required for employers to claim the Part 541 Executive, Administrative, and...more

Fourth Circuit Disallows Blended Hourly Rate That Does Not Take Into Account Overtime Hours Worked

In some situations, developing a creative approach toward overtime pay can cost the employer more than if it had simply paid time and one-half overtime in the first place. On February 8, the Fourth Circuit Court of Appeals...more

U.S. Labor Department Appears Ready to Propose New Salary Minimums for Exempt Employees

Most human resources professionals are generally familiar with the saga surrounding the U.S. Department of Labor’s attempts to increase the minimum salary for claiming overtime exempt status under the Fair Labor Standards...more

U.S. Labor Department Says Religious Community Members Are Not Employees

Nonprofit entities often question the dividing line between volunteer work and work considered compensable employment. On December 21, the federal Department of Labor’s Wage and Hour Division issued an opinion letter...more

U.S. Labor Department Changes Position on Use of Tip Credit

As previously reported in EmployNews, litigation involving pay for tipped employees continues to vex employers in the hospitality industry. Many of these cases involve varying interpretations of the Fair Labor Standards Act’s...more

Full Ninth Circuit Defers to DOL's Interpretation of Payment for Non-Tipped Work

Employers in the hospitality industry continue to face class and collective action lawsuits based on alleged violations of minimum wage requirements for tipped workers. Most of this litigation involves interpretation of the...more

Organ Donations Considered Serious Health Conditions Under FMLA

Last month, the federal Department of Labor issued a series of opinion letters addressing various questions under the Family and Medical Leave Act and Fair Labor Standards Act. One interesting interpretation involved whether...more

FLSA Does Not Bar Individual Mandatory Arbitration of Wage Claims

In its recent term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that the National Labor Relations Act does not prohibit mandatory arbitration agreements requiring that employment disputes be subject to...more

U.S. Labor Department Issues Field Bulletin on New Tip Credit Rules

As we previously reported, the recent federal budget legislation includes a new amendment to the Fair Labor Standards Act that resolves a dispute over tip pooling practices. The law overrules a 2011 Department of Labor...more

FLSA Does Not Regulate 'Spiritual Coercion'

The line between volunteer and unpaid labor can be difficult to distinguish. When do people freely agree to donate their time and services, and when are they persuaded or even coerced to do so?...more

DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new fact sheet explaining the applicability of overtime exemptions under the Fair Labor Standards Act to occupations in higher education....more

Trump DOL Issues First Wage and Hour Opinion Letters

Last year, the Department of Labor’s Wage and Hour Division announced that it would again begin issuing opinion letters with regard to questions about wage payment practices. Many employers suspected that the agency ceased...more

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