Many thought it ironic in mid-August when news broke that the U.S. Department of Labor (DOL) had agreed to a $7 million settlement in a 10-year-old dispute with its own employees and their union. The same agency charged with policing how employers comply with the wage and hour law apparently had compliance problems of its [...]
Archive for the 'Exempt Employees' Category
by Amy McLaughlin
Unlike the lottery, you generally don’t want the U.S. Department of Labor (DOL) to pick your number for a workplace audit or investigation. However, a DOL visit may be unavoidable. Over the past five years, the number of DOL-initiated investigations has increased by 35 percent, and the DOL has a [...]
by Tareen Zafrullah
In 2015, the U.S. Department of Labor (DOL) issued proposed regulations that would revise the requirements for the white-collar exemptions under the federal Fair Labor Standards Act (FLSA). The DOL has not yet issued the final regulations. This article explains the steps employers should take in response to the [...]
by Robert P. Tinnin, Jr.
Under the newly proposed overtime regulations for the Fair Labor Standards Act (FLSA), the most significant changes are to the minimum salary threshold that must be met for an employee to qualify as exempt. It’s important to understand what types of compensation are included in determining whether [...]
Employers may be reeling from what they see as swift and dramatic changes related to employment regulation. In recent months, they’ve found themselves dealing with new rules on union representation elections, an impending expansion of who is eligible for overtime, a more restricted view of the use of independent contractors, as well as an array [...]
A regulatory change expected to make some 5 million more employees eligible for overtime pay likely won’t take effect for a year or more, but employers are urged to plan now how they will cope with the change.
David Fortney and Judith Kramer, attorneys with Fortney & Scott, LLC in Washington, D.C., recently conducted a [...]
Employees straggling in late or not coming in at all is often at the top of the list of employer frustrations. The problem can lead employers to devise creative solutions, such as requiring management employees to clock in and even docking their pay when they’re late. But a solution that’s legal is more important than [...]
Questions regarding the Family and Medical Leave Act (FMLA) can get tricky. For example, if an employee is off work because of a medical condition, can the employer start the FMLA clock ticking even if the employee doesn’t want his time off counted against his FMLA leave allotment?
And what about an exempt employee who has [...]
by Kara E. Shea
One of the most common questions I hear from employers involves when they can or can’t dock employees’ paychecks. It’s very tempting to use an employee’s paycheck as a way to recoup losses you’ve incurred because of her actions, especially when, as a practical matter, there will never [...]
by Leanne Mehrman, Sal Simao, and Joanna Rich
Much of the country suffered through punishing storms this past winter, and it has already started again. While fresh snowfall on a crisp winter day can be a beautiful thing, snowy and icy driving conditions are usually a little less charming, especially for employers whose [...]