What will and will not count as "nondiscretionary" bonuses and incentive payments for purposes of the U.S. Labor Department's coming alternative 90%/10% approach to meeting the FLSA "white collar" exemptions' salary test?
One aspect of the U.S. Labor Department's revised compensation requirements for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions could mean that some employers will have to keep records of at least some of these exempt employees' hours worked.
At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair Labor Standards Act's Section 13(a)(1).
The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the FLSA's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in domestics".
Even though regulatory changes in these exemptions are now in effect, the U.S. Labor Department says that it will not bring any enforcement actions for a 30-day period following the date that the District of Columbia U.S. Court of Appeals issues its mandate to the lower federal court.
The U.S. Court of Appeals for the District of Columbia Circuit held that the USDOL acted within its statutory authority with respect to its new "companionship" exemption regulations to the dismay of third-party employers.
A District of Columbia federal judge has scuttled key aspects of the U.S. Labor Department's revised rule that was designed to extend the FLSA's minimum-wage and overtime requirements to many previously-exempt home care workers starting January 1, 2015.
A federal district judge has held that the U.S. Labor Department exceeded its authority by attempting to preclude third-party employers from invoking the FLSA's Section 13(a)(15) "companionship" exemption and its Section 13(b)(21) overtime exemption for "live-in domestics".
Our partner Tom Rebel has prepared an overview of the U.S. Labor Department's final regulations "Establishing a Minimum Wage for Contractors" under Executive Order 13658.
Buried in the U.S. Labor Department's publication relating to "Establishing a Minimum Wage for Contractors" is a potential recordkeeping landmine.