New Overtime Regulation Won’t Apply in Puerto Rico
By Kate McGovern Tornone, Editor The new Fair Labor Standards Act (FLSA) salary threshold will not apply in Puerto Rico when it takes effect for the rest of the country this winter.
Tag: FLSA
Supreme Court Says DOL Must Explain Exemption Regulations
By Kate McGovern Tornone, Editor The U.S. Department of Labor (DOL) did not properly explain a regulatory change made in 2011, the U.S. Supreme Court has determined. The department issued regulations exempting car dealership “service advisors” from the Fair Labor Standards Act’s (FLSA’s) overtime requirements but those rules were not properly issued and therefore are […]
Benefits Issues Joining the Overtime Melee
The 9th U.S. Circuit Court of Appeals—which covers California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—has given employers another thing to worry about in light of the new overtime regulations.
New York Employer Learns Costly Lesson About Paying the Correct Prevailing Wage Rate
By Zachary D. Morahan, Coughlin & Gerhart, LLP “Prevailing wages” are the premium wage rates paid to employees who perform labor on a “public” project, often a construction or highway project. Employers in the construction trade know all too well that the failure to pay the correct prevailing wage can have dire consequences, regardless of […]
Ask the Expert: New Overtime Rule Threshold & Employees on Unpaid Leave
I understand that the final rule requires compliance on a weekly basis to ensure exempt employees are paid at least $913 per week. How is this impacted by exempt employees on unpaid leave or short-term disability with reduced earnings (i.e. 60% of base pay)? I would imagine that we wouldn’t be required to adjust their […]
New Overtime Rule Changes May Extend to 401(k) Plan Deductions, Plan Loans
By Arris Reddick Murphy, FedEx Corp. The U.S. Department of Labor’s (DOL’s) much-discussed final rule on overtime pay announced in May focuses primarily on updating the salary and compensation levels needed for executive, administrative, and professional (EAP) workers to be classified as exempt. But it may have implications for some of these workers’ 401(k) retirement […]
No Supreme Court Review of DOL’s FLSA Home Care Rule
By Kate McGovern Tornone, Editor The U.S. Supreme Court has chosen not to review the decision of the D.C. Circuit Court of Appeals regarding U.S. Department of Labor’s (DOL) regulations that expand Fair Labor Standards Act (FLSA) protections for home care workers.
Federal Court Allows Employee’s Equal Pay Claim to Move Forward
By Martin J. Regimbal, JD, The Kullman Firm The federal trial court in Aberdeen, Mississippi recently addressed an employee’s Equal Pay Act (EPA) claim. The Act requires that all employees who perform equal work receive equal pay unless a pay differential is justified by a factor other than sex. Although the employer provided reasons for […]
Ask the Expert: Deductions from Final Paycheck for Loan, Child Support
Here are two interesting questions related to deductions from final paychecks of employees. Both are interesting scenarios and serve as reminders to employers that their state laws should be referenced before making decisions about deductions from pay. Question 1: I have question about the last paycheck that I am paying to our employee. Employee has […]
D.C. Circuit Court Rules You May Appeal DOL Warning Letters to Avoid Damages
By Kate McGovern Tornone, BLR Editor Warning letters from the U.S. Department of Labor (DOL) can be challenged in court, the U.S. Court of Appeals for the D.C. Circuit has ruled in Rhea Lana, Inc. v. Department of Labor, No. 15-5014 (D.C. Cir. June 3, 2016).