It's tax time, and perhaps the only thing worse than completing your tax returns is finding out that you're being audited. But not all audits are bad. Under the FLSA, conducting an internal audit of your company's pay practices can actually even be beneficial to your business.
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and thus, held that service advisors employed by automobile dealerships can qualify for the Section 13(b)(10) exemption from federal overtime.
Employers should be aware of how we got to the recent FLSA amendment regarding tips, and have a solid understanding of their own tip-related practices, before trying to determine where to go from here.
Today's federal budget included a rider to amend the FLSA and prohibit an employer from keeping tips received by its employees, regardless of whether or not the employer takes a tip credit.
USDOL's Payroll Audit Independent Determination (PAID) pilot program is meant to provide employers with the framework to proactively resolve potential FLSA claims. Nonetheless, on the whole, it seems that the benefits and risks are not particularly distinguishable from an investigation.
Whether the FLSA effectively prohibits an employer from imposing certain costs (such as for purchasing a uniform) on an employee depends on a variety of factors, including whether it is cost-prohibitive in the particular circumstances.
The public comment period for the USDOL's proposed rescission of the 2011 tip regulations has closed. Regardless of where data and "fairness" concerns might lead one, the fundamental legal issue is that the agency's authority does not extend to circumstances where an employer is not taking the tip credit.
The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.
Technological advances in payroll practices might be desired by both employers and employees, but an employer should give careful consideration as to how it will address the variety of legal restrictions and administrative burdens these advances could implicate.
The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.