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 annual compensation" dollar amount that goes into effect on December 1.
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
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 so-called "white collar" exemptions.
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" exemptions.
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.
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 compensation criterion for an executive, administrative, professional, or derivative exemption under the federal Fair Labor Standards Act's Section 13(a)(1).
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 tipped employees received the minimum wage without reliance on the Section 203(m) tip credit.
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 determining what is a "willful" violation of the FLSA.
Those who employ workers in New Hampshire should be aware of the state's revised wage regulations.