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.
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.
Once upon a time, a seriously-alarmed legislative body concluded that wage-hour claims and litigation had gotten out-of-hand . . .
Favorable court rulings regarding off-the-clock work require more than the right policies, but illustrate the magnitude of such policies under the right circumstances.
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the FLSA's Section 13(a)(1).
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.